Crime and Policing Bill

Debate between Baroness McIntosh of Pickering and Baroness Pidgeon

Committee stage
Wednesday 17th December 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friends Lord Shinkwin, Lord Blencathra and Lord McColl on speaking to their amendments so eloquently. They take the debate one step further than the general debate that we had about dangerous and careless cycling, particularly on pavements—the main perpetrators of which are in fact delivery riders, as a number of us recorded in that debate.

What is particularly helpful about these three amendments is that they refer to the duties and responsibilities of the Home Office. The noble Lord, Lord Hogan-Howe, has spoken about this on a number of occasions and we applaud the work of the City of London in pulling these perpetrators off the street, whether they are cyclists, e-cyclists or e-scooter riders, where they have broken the law. What is particularly appealing in my noble friend Lord McColl’s amendment is that he refers in particular to criminal activity. We know that e-scooters are heavily used in the theft of goods and telephones and the supply of illegal drugs. I almost posted a photograph of an e-bike that was mounting the pavement not far from here in Strutton Ground. I thought I would place it on Facebook. I am rather pleased that I did not, because he went on to do a drugs drop on Strutton Ground. There were schoolchildren and families there. My noble friend Lord Shinkwin’s amendment also highlights how it is particularly the disabled, the less able and the elderly, but also young people with families and those using wheelchairs, who are put at great risk. That has been highlighted by this group of amendments.

I shall put two questions to the noble Lord, Lord Katz, for when he sums up. What actions is the Home Office taking in this regard, outside the City of London and the one-off operations we have heard of, where 70 bicycles were taken off the street in one day? My husband is convinced that, every time one of these operations takes place, the word goes round the delivery drivers and they tell each other not to go out that day because enforcement is out, and therefore they evade that enforcement. What are the Government going to do to improve enforcement by the Home Office? We have moved one step further from the debate on Monday. This is a debate not just about transport and cycling but about people using e-bikes, pedal bikes and e-scooters for illegal and criminal activities.

I have a second question for the noble Lord, Lord Katz. My noble friend Lord Blencathra asked what happens to bikes that have been seized, but I have a wider question. What is the power to seize and confiscate pedal bikes, e-bikes and e-scooters? Do we as private citizens have the power to conduct a private arrest where we see an illegal activity taking place? Are we putting ourselves at undue risk in that regard? I hope that we will get a full response to these questions. Perhaps the Government might come forward with their own amendments because, where this is leading to criminal activities, as we have established it is, it is nonsensical to let it continue to its current extent. I look forward to listening to the Minister’s reply.

[Baroness Pidgeon (LD)]

My Lords, the amendments in this group from the noble Lords, Lord Shinkwin, Lord Blencathra and Lord McColl, are trying to probe the issue of who is responsible for dangerous cycling by cyclists working for delivery companies. While I support their aims, I do not associate myself with all the points they have raised and, indeed, the language that they have used. However, this is a real issue and one that many of us have looked at over recent years as we have seen this rise of delivery companies, whether it is for your shopping, takeaways or virtually anything you want from the click on your device.

This does not cover just pedal cyclists; it applies equally to those who provide deliveries on motorcycles and e-scooters. In the past, I worked on this at London City Hall to see whether we could work with, for example, the food delivery companies that we have heard so much about today, to see whether we could provide additional training for their cyclists and motor- cyclists, perhaps looking at some sort of charter mark to show that they had higher standards to deliver goods around the city, ensuring that we have professional riders providing this service on our streets.

However, the challenge is that most riders and scooters, as has been mentioned, are not employees of these companies, whose legal advice is that they do not want to go anywhere near that, because then they may be responsible for their cyclists’ or motorcyclists’ behaviour. In fact, you may find that some of these riders are working at the same time for a number of these companies, so it becomes even more complex to work out and identify which company would be responsible. However, the amendments raise an important safety point and I look forward to hearing from the Minister on this area about any ways forward to try to address this growing concern.

Crime and Policing Bill

Debate between Baroness McIntosh of Pickering and Baroness Pidgeon

Committee stage
Monday 15th December 2025 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am grateful to have a short debate—not so much on Clause 106, which I welcome and congratulate the Government on bringing forward, but rather more on what is not in Clause 106. I am delighted to have my Private Member’s Bill still before the House, so it may yet be adopted before the end of the parliamentary Session. I know that my right honourable friend Iain Duncan Smith took some parts of it and ran with it in a previous Bill—I think it was criminal justice—now an Act.

There are two aspects omitted which concern me, and which we touched on. I will not go into great length, but I just want to float them before the Minister and the Committee this evening. One is the question of insurance. The Motor Insurers’ Bureau was first established in 1946 to compensate victims of accidents involving uninsured hit and run drivers under agreements with the Department for Transport. It aims to reduce the level and impact of uninsured driving in the UK, which is something we all commend and support.

Since 2019, the Motor Insurers’ Bureau responsibilities have also included compensating victims for Road Traffic Act liabilities arising from the use of a motor vehicle in an act of terrorism, whether or not the vehicle is insured. So, obviously, the funding to the MIB is quite considerable. The levy is set at £530 million for this year and it handles something like 25,000 claims every year.

What is really missing here is the insurance link. The department has brought forward, rightly, in Clause 106 offences which have been missing. Two of them, as I mentioned earlier, are the first two clauses of my Private Member’s Bill—so far so good. But then it goes rapidly downhill. If you are going to create these offences and these liabilities where someone cycling a pedal bike or an e-bike or driving an e-scooter causes death or injury by dangerous cycling and other forms of cycling—death by careless or inconsiderate cycling as well as dangerous cycling—the corollary must surely be that insurance cover must legally follow. That is what is missing from the Bill at the moment.

I have tried to plug that gap, and I think another noble Lord earlier also mentioned that they had tried to come forward with provisions in that regard. Obviously, the department is in the best position to do this. The Minister is doing a great job on the Bill and is listening to all sides of the Committee very carefully and considerably. That is greatly appreciated.

Before the Bill leaves Committee—I would like to bring this back on Report—I would like to leave it to the Minister’s good offices to plug that gap. The corollary of creating these motor offences is that there must be some form of compensation for the victims concerned. I do not see why I, as a motorist—unfortunately, I do not cycle any more; it is a question of balance, not a lack of good will—should have to pick up the compensation claims for those who have been injured in this way.

I touched earlier on the second point I want to raise, but I have now remembered the relevant Bill. Micromobility is also being dealt with in a small part of—I hope I have not forgotten it again. There are so many Bills coming through: you wait for one and 27 come along at once. It is the English Devolution and Community Empowerment Bill—not the most obvious place to have a chapter on micromobility.

This is the second request I have of the Minister this evening and, if he is not prepared to, I stand prepared to do it. There was an earlier amendment that did not go as far as the clause in my Private Member’s Bill. I would like to help the Minister. I know that, were we in the other place together, as we were once, he might find this a cynical approach, but I genuinely would like to help the Minister.

The definition that I propose is that which I have set out in my Private Member’s Bill, and I am grateful to the clerks for helping me draft it. I know your Lordships will all want to go away to read it, so I should say that it is the Road Traffic Offences (Cycling) Bill. I am prepared to answer any questions on it, at any stage.

I propose the following definition:

“a pedal cycle … an electrically assisted pedal cycle … a mechanically propelled personal transporter, including … an electric scooter, …. a self-balancing personal transporter (including a self-balancing scooter, self-balancing board or electric unicycle), and … any other mechanically propelled personal transporter provided for by the Secretary of State in regulations made under this section”.

The clause concludes by saying that, for the purposes of this subsection,

“mechanically propelled personal transporters are to be defined in regulations made by the Secretary of State under this section”.

I am very grateful to the clerks for coming up with that form of words.

The point I am trying to make is that we have two departments involved here: the Home Office for the purpose of the Bill before us this evening, and the Department for Transport in a Bill which is not its Bill but the English devolution Bill. I hope the Minister will agree that, for both Bills, we need a definition of these pedal bicycles or other such, and micromobility vehicles. I hope that he might come forward with a form of words in this regard and bring the two departments together, so that we are all on the same page for the purposes of this Bill and the English devolution Bill.

[Baroness Pidgeon (LD)]

My Lords, this clause stand part notice seeks to remove the clause that creates the new offences of dangerous, careless or inconsiderate cycling. I now understand why: it is to raise the issue of insurance and the noble Baroness’s Private Member’s Bill, which was raised and discussed in an earlier group today.

If we look at the figures from Cycling UK, we see that the proportion of cycling trips has returned to pre-pandemic levels. Some 41% of those aged five or above have access to or own a bike. We are looking at around 22% of people over five cycling more than once or twice a month, so it is a really important mode of transport. It is important for people to be able to get around, but we need to make sure that people who cycle are able to do so safely through good infrastructure and that they are considerate, obey the Highway Code and cycle in a safe and considerate way.

As I raised earlier, given that in the period 2020-2024, nine pedestrians were killed and 738 were seriously injured in incidents involving a pedal cycle, it is important that the law is up to date and provides the necessary penalties for such actions. Therefore, on these Benches we do not support the removal of the clause.