Crime and Policing Bill

Lord Hanson of Flint Excerpts

Committee stage
Wednesday 7th January 2026 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, this has been an interesting short debate. I thank all noble Lords who have contributed to this group of amendments, each of which addresses the issue of safety on our public transport networks, whether of passengers, workers or those tasked with policing them. The amendments before us reflect genuine concern about how effectively our current frameworks protect people from violence, intimidation and abuse in transport settings, and they deserve careful consideration from the Minister.

I begin with Amendment 356A, tabled by my noble friend Lady Morgan, which would place a duty on the British Transport Police to

“take all reasonable steps to prevent violence against women and girls on trains”.

Violence against women and girls remains an appalling and persistent problem. Just yesterday, the Government and Liberal Democrats joined together to defeat a Conservative amendment to the Sentencing Bill that would have exempted sexual offenders and domestic abusers from the automatic presumption of a suspended sentence. For victims of sexual assault or domestic abuse, the distinction between a custodial sentence and a suspended sentence is not an abstract policy question; it is the difference between knowing that their abuser has been removed from the community, and knowing that they remain at liberty.

That point is reinforced by the Government’s recent recognition of the scale of the problem. Violence against women and girls has been described by the Home Secretary as a “national emergency”. The Government have trialled domestic abuse protection orders to track domestic abusers. But the most effective way to protect victims is to ensure that offenders face custodial sentences for their crimes. A Government who oppose that principle are not a Government who can claim to hold violence against women and girls as a priority.

In the year ending 2024, police recorded more than 106,000 sexual offences in England and Wales—an increase of around 10% on the previous year. Women continue to report feeling unsafe on public transport, particularly during off-peak hours and at night. This amendment recognises that prevention must go beyond enforcement alone. Its emphasis on data sharing and engagement with train design reflects the reality that safety is shaped by visibility and co-ordination. These are practical, forward-looking measures that deserve serious engagement from the Government. I hope the Minister considers them carefully.

Amendment 356F, in the name of the noble Lord, Lord Hendy, proposes a new offence of assaulting a public transport worker. Abuse and violence directed at front-line transport staff has increased markedly in recent years, with British Transport Police data showing a significant rise in assaults on railway employees. Public transport workers perform an essential public service, often in challenging circumstances, and they should be able to do so without fear of violence or intimidation.

Amendment 399, tabled by the noble Baroness, Lady Pidgeon, addresses a long-standing operational problem: inconsistent and delayed access to railway CCTV footage. Timely access to high-quality CCTV is often critical to identifying suspects, supporting victims and securing prosecutions. Establishing clear legal requirements for accessibility and technical standards would help to remove the barriers that currently frustrate investigations and undermine confidence.

Taken together, these amendments highlight a broader concern. Although the Government have articulated ambitions around tackling violence against women and girls and improving safety on public transport, there remains a gap between aspiration and implementation. Too often, victims, police and front-line workers encounter fragmented responsibilities, inconsistent standards and slow operational responses. What is needed is clear leadership, stronger co-ordination between agencies and a willingness to embed prevention into the everyday operation of our transport networks.

We on these Benches are clear that public transport must be safe and accessible for all, and that violence, whether against women passengers or workers, must be actively prevented, not merely responded to after the fact. I look forward to hearing from the Minister how the Government intend to ensure that the objectives reflected in these amendments are delivered in practice and how they will translate stated commitments into real-world safety improvements.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Baroness, Lady Morgan of Cotes, for Amendment 356A, and I am glad we have reached it today. We hoped to reach it prior to Christmas, but time did not permit. I know that she has championed this issue in the House before, and I welcome her contribution pressing the Government today. I also welcome the slight widening of the debate by the right reverend Prelate the Bishop of Manchester to look at metro services.

I note the comments of the noble Baroness, Lady McIntosh of Pickering, and the terrible case of Claudia Lawrence. She has written to me separately on that. I have already instigated with my colleagues in the Home Office a response to the issues that she has raised. I hope she will forgive me if I concentrate on other matters today, but that is not off my agenda.

I know the whole Committee will support the fact that the Government have taken action on violence against women and girls, which is intolerable anywhere, including on the railway. The noble Baroness referenced the Government’s strategy on halving violence against women and girls, which was published in the House of Commons on the last day before Christmas. The Statement repeat has not happened in this House because the Opposition did not want it. That is fine—I understand that—but the commitment from the Government is very clear, and the recently published strategy to halve violence against women and girls is vital.

I also take the points on behaviour made by the noble Lord, Lord Blencathra, which is an encouraging comment as part of that because the points he made are valid, and I accept them. The British Transport Police is essential in helping us to deliver that objective of halving violence against women and girls, alongside police counterparts in Home Office forces. It may be helpful to the Committee to say that the British Transport Police, as the police force for the railway, is already required to prevent crime, and that includes the offences set out in the amendment. The British Transport Police undertakes activities across the railway to encourage victims and bystanders to report offences, and indeed poor behaviour, and will relentlessly pursue offenders. In BTP Policing Plan 2025-27, it has given specific commitments to prevent violence against women and girls through:

“Effective and sensitive investigation and robust offender management”,


and:

“Targeted activity to identify and apprehend those intent on offending”.


If it helps the noble Baroness, Lady Morgan of Cotes, I am very happy to provide, through my colleagues in the Department for Transport, a further meeting for her to look at that work and understand it at first hand.

The noble Baroness also mentioned rolling stock companies and the manufacture and leasing of trains to train operating companies. The design of trains is defined not by the rolling stock company but by the train operating company. Therefore, the proposal that the British Transport Police shares data on violence against women and girls with rolling stock companies would not lead to improvements in the design of train carriages, but I take her point. The British Transport Police already shares crime data with train operating companies, which can feed into the British Transport Police policing plans.

The noble Baroness will also, I hope, be aware that the Rail Safety and Standards Board already publishes key train requirement guidance that is used by train operating companies when ordering new trains. This helps detail the features that are to be included in the specification. The content of the document is prepared by a group of rolling stock experts representing train operating companies, manufacturers, leasing companies, industry bodies and the Department for Transport. Following input from security experts in the Department for Transport and BTP, new content has recently been prepared that includes additional measures to do exactly what the noble Baroness wishes, to enhance personal security, including those that seek to reduce violence against women and girls. The content has been included in a draft of the document that will be submitted for consultation with the rail industry. The intention— I hope this is helpful for the noble Baroness—is that it will be published in spring 2026. While it is not the legislative back-up that she is seeking in the amendment, I hope it meets the objective of the very valid points she has made today.

The noble Lord, Lord Davies of Gower, mentioned sentencing. We had a full debate yesterday on the Sentencing Bill and the House made its decisions on it. There is a difference between us on that, but I want to see offenders brought to justice and people caught. That is an important part of our proposals regarding the prevention measures and the performance of the British Transport Police on these issues.

Amendment 356F in the name of my noble friend Lord Hendy includes the introduction of a stand-alone offence of assaulting a public transport worker. Before I refer to what he has said, I will address the noble Baroness, Lady Stowell. First, I confirm that we are having a meeting. It is in the plan; it will be sorted and is coming down the line very quickly. She referred to Clause 37 and the stand-alone offence on retail workers. We have taken the view that there should be a stand-alone offence because retail workers are upholding the law for the state on sales of alcohol, drugs, knives, cigarettes and a range of other matters. But I agree with her that it is essential that transport workers feel safe going about their job. There is no place for abuse and assault of any worker, and I know we will all agree with that.

The attack in Huntingdon in early November shocked and horrified us all. Tributes were paid at the time to the railway staff who stood in the way of alleged attackers and did their duty, and those matters will come to court in due course. But I must stress the important point—this goes to the heart of what my noble friend said—that if a public transport worker suffers violence or abuse at work, it is essential that they report it to the police so it can be investigated. We take that seriously in the police, the transport police and the railway, and elsewhere in the Home Office. As the dedicated police service for the railway, the British Transport Police is able to provide further reassurance to rail staff that it is there to protect them and will arrest offenders quickly.

The key point I want to make to my noble friend is that transport workers are already protected in legislation, as the noble Baroness touched on. The Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers, in which transport workers would be included, an aggravating factor that the courts must consider in sentencing. As I said earlier in Committee, everybody is protected from assault. It is criminalised under the Criminal Justice Act 1988 and that long-standing piece of legislation, the Offences against the Person Act 1861. The key point in this case is that transport workers are covered by that legislation, whereas—to return to Clause 37—retail workers were not covered in the way that public-facing workers are in relation to police and others. They are still covered by the main offences of the Criminal Justice Act, but the aggravating factor that we are introducing under Clause 37 deals with retail workers specifically. I am happy to discuss Clause 37 with the noble Baroness when we have the opportunity to meet very shortly regarding her concerns about the legislation.

[Baroness Stowell of Beeston (Con)]

I am grateful to the Minister and I look forward to us discussing that at that time. I am not an expert in the law in this area, but I am genuinely surprised by what he has just said about the current legal provisions and protections for retail workers and the need for that which has been included in the Bill on the grounds that he has argued. If, as a result of this short debate, there is any need for him to clarify that further, that would be really helpful.

[Lord Hanson of Flint (Lab)]

We are in danger of the Committee revisiting Clause 37. I have an opportunity to meet the noble Baroness, and we can discuss those issues then. I am saying to my noble friend, in relation to his amendment, that the Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers an aggravating offence. We are strengthening that for retail workers in the context of Clause 37, but we will revisit that when we have our further discussion.

Amendment 399, tabled by the noble Baroness, Lady Pidgeon, but spoken to by the noble Lord, Lord Goddard of Stockport, would introduce a requirement that all CCTV camera images on the railway are made immediately accessible to BTP and to the relevant Home Office police force. I say to the noble Lord and the noble Baroness that I welcome the aims of the amendment, as historically the lack of immediate access to railway CCTV images has been a significant issue for BTP that can reduce its ability to investigate crimes quickly.

However, and this is where we may differ, I do not believe that legislation is necessary to address this issue. The noble Lord rightly said in his contribution that the Department for Transport has secured £17 million in funding to implement a system to provide more remote immediate access to station CCTV to the British Transport Police and the railway industry, and he welcomed that. I can say to him today that the Department for Transport will be funding Network Rail on behalf of the rail industry to deliver the project, which will cover the whole of the railway in England, Scotland and Wales, and prioritise stations where there are most passenger journeys.

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[Lord Blencathra (Con)]

Will the Minister take this idea to the British Transport Police? By the time one has done a three-hour journey, one is heartily sick of hearing, for the 20th time, “See it. Say it. Sorted”. Could it possibly intersperse between those announcements something like: “This coach has video recording. We will take action against any passengers who harass or cause trouble for others”? That may not be the right wording, but something warning about that might be helpful.

[Lord Hanson of Flint (Lab)]

I will give consideration to that with my colleagues in the Department for Transport. As somebody who travels every week on the train to this House, “See it. Say it. Sorted” appears on my journey on a number of occasions—in my case, in both English and Welsh. The noble Lord makes a valid point: there should be an acceptance and acknowledgment that the type of antisocial behaviour which he has referred to, at a low level, can be intimidating for individuals. The ability to undertake physical violence in the extreme form that allegedly took place in Huntingdon—I have to use the word “allegedly”—and the low-level abuse that might occur are significant issues. Transport staff on railways, from whichever railway company, and the teams that are operating require the support of the state to give them that back-up.

Under the current legislation, I believe that my noble friend’s amendment is not necessary. However, the general principle that we have heard from the noble Baroness, Lady Morgan, and other speakers, including my noble friend and the noble Baroness, Lady Pidgeon, via the noble Lord, Lord Goddard of Stockport, is absolutely valid and was well worth raising. I hope that I have been able to give assurances on that and that the noble Baroness, Lady Morgan, will withdraw her amendment.

[Lord Hendy (Lab)]

My Lords, I wonder whether my noble friend the Minister could find time in his busy timetable to see me and the RMT about this, because I did not quite understand what the distinction was between the creation of an offence of assaulting a retail worker at work, in Clause 37, and assaulting a transport worker at work, as in my amendment. I take the point about an aggravating factor in sentencing but the question is really about the creation of an offence. It seemed that there might be room for further discussion outside the Chamber.

[Lord Hanson of Flint (Lab)]

My noble friend mentioned his noble kinsman, my noble friend Lord Hendy of Richmond Hill, who is the Transport Minister. The British Transport Police are the responsibility of and answer to the Department for Transport. My other noble friend Lord Hendy is the Minister responsible for transport. If I may, I will refer that request to the Minister directly responsible for that policy in this Bill, so that they can consider what my noble friend has just said.

There is a distinction between the existing legislation that I have mentioned, which provides security against attack for public-facing workers, and the Clause 37 issue, which we have already debated. We may undoubtedly return to this on Report in several forms but, in the meantime, I would be grateful if the noble Baroness would withdraw her amendment.

[Baroness Morgan of Cotes (Non-Afl)]

I thank all noble Lords who have taken part in this short debate. It is one of those that shows the Chamber at its finest, when there is a genuine discussion of some important issues. This was a deliberately narrow amendment, but I welcome the comments that have been made across the Committee on how it could be widened. I particularly welcome that of my noble friend Lady McIntosh about public spaces more broadly, but also the suggestion relating to other forms of public transport, especially trams. I expect that we could apply this to the Underground, not just in London but in other cities too.

I welcome the comments from the noble Lord, Lord Blencathra, about behaviour on trains. The list of offences in proposed new subsection (2) is not exhaustive, and I fully take his point. There is an irony to debating this amendment at a rather more civilised time of the day than we might otherwise have done, had we reached it in December. One reason why I wanted to know whether we were going to reach the debate was that, because we sat late previously, I had to get a 10.30 pm train home to Leicestershire. I would describe myself as being rather robust, but I do not want to travel at half past 10 at night and get home to a deserted car park at nearly midnight. I do not think that anybody wants to do that, nor should we ask members of the House staff to do so. However, I will leave that debate about sitting hours for a very different set of noble Lords to consider.

I thank the Minister for his very helpful and constructive comments on my amendment. The Committee has identified that this is an issue about prevention of violence against women and girls, not just enforcement after the event. He rightly took the point that it is not just about British Transport Police but about working with the train operating companies, as he mentioned. I would very much like to take up his offer of a meeting, whether with Department for Transport officials or with the Rail Safety and Standards Board; he mentioned its forthcoming consultation. I think that we will return to this issue in the Railways Bill, so he can let the other noble Lord, Lord Hendy, know to expect such a debate. For now, I beg leave to withdraw the amendment.

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[Lord Davies of Gower (Con)]

My Lords, I thank the noble Lord, Lord Vaux of Harrowden, for speaking to this group. On his Amendment 358, I agree that the Government should look to make provisions that account for all forms of SIM cards used in SIM farms. As the noble Lord stated, the current drafting of Clause 114 does not encompass eSIM cards in the devices used for SIM farming. Given the number of mobile phones that now use eSIMs, this really should be amended.

This speaks to the larger issue of defining provisions ahead of legislation coming into force. When changes are being made to the legality of certain products, suppliers and consumers should be made aware well in advance; behaviours will have to change with reform. This is a case of not just courtesy but constitutional propriety. That is the reasoning behind my Amendments 358A and 538A.

Legislating for the criminalisation of specific devices and software related to fraud should not be done on a whim. Individuals should not wake up one day and possess an illegal device or software that was considered legal a day before, with no warning of the coming change. Some notice must be given. Currently, the Bill simply permits Ministers to specify a device whenever they wish. There is no requirement for those regulations to come into force before the new offences of possession and supply come into force. My amendments would ensure, in the interests of fairness and the rule of law, that the new offences could not come into force until at least three months had passed from the making of the regulations defining the articles.

I believe that a period of three months before the possession and supply of certain articles becomes illegal is sufficient for people to change their habits and businesses to change their models. We in this House would be doing the public a disservice if we did not provide them with the necessary time to adapt. I hope the Minister agrees with this reasoning. I hope he will consider the amendment from the noble Lord, Lord Vaux of Harrowden, and, as always, I look forward very much to hearing his reply.

[Lord Hanson of Flint (Lab)]

My Lords, I first give my appreciation to the work of the noble Baroness, Lady Morgan of Cotes, and the noble Lords, Lord Young of Cookham and Lord Vaux of Harrowden, in producing their report on this matter. It was during my enforced sabbatical from Parliament, so I was not party to the discussions at that stage. It is useful to have that continuum of discussion, and the previous Government’s initial intentions have been carried forward by this Government as a whole.

Amendment 358, as the noble Lord, Lord Vaux of Harrowden, mentioned, would expand the definition of SIM cards. To be clear, the Government’s consultation and evidence gathering as part of the preparation for this Bill focused on physical SIM cards, which are where the current and most significant threats arise and what these clauses seek to address. The provisions in the Bill are designed to tackle the misuse of physical SIM farms, which are widely used for criminal purposes such as fraud and spam. We are all aware of how that manifests on our phones and those of people we know and work with.

Virtual SIM technology is developing, but it is not currently presenting the same scale of risk, and the evidence we have from the consultation does not support extending the ban at this time. Physical SIM farms pose a significant and immediate threat because they enable large-scale criminal activity. Unlike virtual SIMs, physical SIM cards are harder to trace, as they are not inherently linked to a specific handset or verified identity. Their anonymity makes them ideal for fraud, phishing and mass spam campaigns.

Furthermore, the trade in physical SIM cards creates a black market where thousands of cards can be bought and sold with minimal or no oversight. This flow of unregistered SIMs fuels organised crime, facilitates money laundering and undermines law enforcement efforts. Virtual SIM technology, by contrast, is generally more secure and traceable because it requires integration with the device software and often involves stronger identity checks. At present, I say again, there is no evidence of virtual SIMs being exploited at scale for criminal purposes. Our focus therefore remains on the tangible and proven harm caused by physical SIM cards.

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There exists an unsystematic set of laws and regulations that might cover online identity fraud, but I can see why this is undesirable and how certain offences may slip through the cracks. If possible, the Government should be seeking to bring all these offences under a single offence. It is a crime that will only get worse, and, as such, we should attempt to minimise negative externalities and prevent cases going unprosecuted. I believe that the noble Lord’s amendment would begin to do this. That being said, this is an important issue, and therefore it should at least have government support, and probably be government-led. Attaching it as an amendment to an existing Bill is not the most desirable approach. Perhaps the Minister will be able to set out the Government’s position. As always, I look forward to hearing from him.

[Lord Hanson of Flint (Lab)]

I thank the noble Lord, Lord Clement-Jones, for tabling the amendment, which would introduce a bespoke criminal offence of digital identity theft. I know that he has tabled similar amendments—he was persistent on these matters during the Data (Use and Access) Bill. I heard the support from the noble Lords, Lord Holmes of Richmond, Lord Fuller and Lord Blencathra, and note that the noble Lord, Lord Blencathra, put forward a number of caveats to his broad support. These are caveats I share.

The noble Lord, Lord Clement-Jones, asked whether I would read out a number of amendments to previous legislation. I may disappoint him by reaffirming those issues, as he would expect. Although digital identity theft is not a stand-alone offence, there are, as he recognises, several criminal offences already in existence to cover the behaviour targeted by his amendment. The Fraud Act 2006 made it a criminal offence to gain from the use of another person’s fraud. Cases where accounts or databases are hacked into are criminalised under the Computer Misuse Act 1990. I could read him the offences captured in Sections 2 and 6 of the Fraud Act, Sections 1 and 2 of the Computer Misuse Act 1990, and Section 170 of the Data Protection Act 2018. All apply to the online sphere.

My argument, which the noble Lord, Lord Davies of Gower, might have some sympathy with, is that to create a new criminal offence could be unnecessary duplication. The Fraud Act 2006 captures cases where someone uses another person’s identity and there is an equivalent common-law offence in Scotland. The Fraud Act establishes the offence of someone having in their possession or control an article which includes data or programmes in electronic form. The Computer Misuse Act criminalises unauthorised access and Section 170 of the Data Protection Act covers the deliberate or reckless obtaining, disclosing and procuring of personal data.

That is not to downplay the issue that the noble Lord mentioned. It is important and I recognise the concerns he raised. I hope that the Government will act decisively on these matters. We are currently in the process of transitioning from the Action Fraud service to a new, upgraded platform that will provide a better reporting tool for victims, stronger intelligence flows for police forces and enhanced support for victims. We are looking at doing what the noble Lord wants and upskilling police officers. We have completed a full review of police skills and the recommendations are being delivered through updated police training on this important matter. He will know that this Government have made sure that His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services has now updated the strategic police requirement. That will be published this year and will drive forces to upskill their staff on wider police reform on fraud matters. We want to try to upscale and upskill capability, to ensure the police keep pace with the challenges that the noble Lord has rightly identified.

It is important to take on board the points that the noble Lord, Lord Blencathra, mentioned in his supportive critique of the proposals in the amendment. The Home Office has commissioned an independent review into disclosure and fraud offences. Part 1 of the review, which addressed disclosure, has been conducted; part 2, with Jonathan Fisher KC leading for the Government, will examine whether the current fraud offences are fit for purpose, and specifically whether they meet the challenges of investigating and prosecuting fraud, and whether existing penalties remain proportionate. I am awaiting that report, which may cover the areas that the noble Lord has mentioned. It is important that we have proper examination of that, and that is currently ongoing.

[Lord Clement-Jones (LD)]

Without wishing to interrupt the Minister, could he give us an idea of the timescale? Would it be deliriously possibly to see this report before Report?

[Lord Hanson of Flint (Lab)]

I should have tattooed on my forehead the words, “due course”. As ever, the commitment I can give is that it will be produced in due course. Report on the Bill will be some significant time away. We have another five days of Committee, with a gap for recess, and we will have a statutory gap before our consideration on Report after Committee has finished. It is some while away. The noble Lord is very adept at tabling further amendments on Report, should he so wish.

Part 2 of the report is being considered by the Government; we want to examine that and will publish in due course. I expect that, in the very near future, we will be producing the newly updated fraud strategy, which will address the evolving threat of fraud, including the harm caused by identity theft. Before the noble Lord intervenes, I cannot yet give him a date for that either, but I will try to help the Committee by saying that it will be soon. I will bring the fraud strategy to the House in due course, which will potentially cover some of the areas that the noble Lord has mentioned.

There is a lot going on, but there is existing legislation. I anticipate and understand that this is a genuine issue, and I very much welcome the fact that the noble Lord has brought it before us. I hope that on the basis of what I have said, he will—today, at least—withdraw the amendment.

[Lord Clement-Jones (LD)]

My Lords, I thank the Minister and I will respond in a second.

First, I thank the noble Lord, Lord Fuller, for agreeing with the thrust of the amendment, in his words, and the noble Lord, Lord Blencathra, for his in principle support. I entirely accept the points that he made—indeed, if the additions are not there, they should be. Any amendment that is brought back on Report should definitely take heed of the reservations he raised.

For the noble Lord, Lord Davies of Gower, I was anticipating that, in a sense, there might be too much continuity. During the Data (Use and Access) Bill, his colleagues pushed back on the idea of a digital identity theft offence in rather more adamant terms than the Minister has today. I am grateful for his in principle support, with all the reservations that he had.

The noble Lord, Lord Holmes, encapsulated quite a lot of this. As we move into the world of digital ID, having your digital identity stolen is an issue of digital and financial exclusion. It is going to be increasingly important. I was very interested that the noble Lord, Lord Blencathra, dug out the figures on this; the scale of digital identity theft is huge, so the number of people affected by what is effectively financial and digital exclusion is only going to grow.

However, I did take some comfort. There was a glimmer of light coming out of the Home Office, and I am not always used to that. I celebrate that, particularly in view of the fact that a review is taking place that may well report in the near future. Whatever the Minister has stamped on his forehead, I am sure he is impatient to see it, given his specific role as the Fraud Minister.

I agree with the Minister about the need for the police to have specific powers and skills. I welcome what he said about the upgraded platform in terms of understanding the evidence that is going to be under- pinning any move towards creating an offence. I think, almost inevitably, I am going to come back with something more refined on Report in the hope that the Home Office review of current fraud offences will come up with the goods. I live in hope, but often where the Home Office is concerned my hopes are only too frequently dashed. I live in hope, and I beg to withdraw Amendment 359.

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I shall end on a positive note and say that I support the principle behind my noble friend’s Amendment 363. The amendment clarifies the territorial scope of the original Act, making its extraterritorial application clearer and more rigorous, especially as we now exist in an era with heightened computer-related fraud and crime—so this is welcome. I look forward to hearing whether the Minister shares my view and to hearing the noble Lord’s closing remarks.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Clement-Jones, with support from the noble Lord, Lord Holmes of Richmond, for raising this topic in the amendments today. I am grateful also to the noble Baroness, Lady Neville-Jones, for bringing her vast experience in this area to the debate.

I can say genuinely to all the noble Lords that they have a point. It is a point that the Government have recognised today: that we need to ensure that we update the Act accordingly. There is no doubt that UK cyber security professionals contribute greatly to enhancing and protecting the country’s security, and supporting them is vital. The figures that the noble Lord, Lord Holmes of Richmond, gave in terms of growth since the original Act took place are absolutely valid and understood. He mentioned, rightly, that the previous Government—at ministerial or official level; I am not party to how that worked—commissioned the review in 2021. We are now in 2026, and this Government have had custody of this issue since July 2024. It is a reasonable presumption that we need to come to some conclusions on the review.

The Government have listened to the concerns raised by noble Lords. The noble Lord, Lord Holmes of Richmond, mentioned my colleague Dan Jarvis, who is the Minister directly responsible for these areas. They have listened to the concerns and have over the past year made real progress in developing a proposal for a limited defence to the offence at Section 1 of the Computer Misuse Act; namely, unauthorised access to computer material. Crucially, this includes safeguards to prevent misuse. However—and this is where my caveat comes in—this is an immensely complex area. Noble Lords, including the noble Lord, Lord Davies of Gower, have pointed to that complexity, but engagement is under way, including with the cyber security industry, to refine the approach, and I hope that we shall be able to provide an update at some point.

Further work is required to consider the safeguards that would be needed to accompany any introduction of statutory defences, and my colleagues at official level in the Home Office are working with the National Cyber Security Centre, law enforcement and the industry on this issue to try to come to some conclusions. The Home Office is actively considering wider changes to the Computer Misuse Act. As part of the review that we are undertaking, we are scoping several proposals to update the Act, including the very point that has been mentioned by a number of noble Lords, which is on the Act’s extraterritorial provisions and the maximum penalties that were introduced.

In relation to proposals to increase maximum penalties for computer misuse offences, the Act already provides for a range of penalties, including life imprisonment for offences that cause or create a significant risk of serious damage to human welfare or national security. While the Government share the noble Lord’s concern regarding appropriate sentencing and are considering this as part of the wider review of the 1990 Act, we do not consider the proposal to update the majority of offences and uplift them under the Act to 14 years to be proportionate. However—and I hope this is accepted —and as I have said in a number of areas today, this Government are still just over 18 months into office. A review is being undertaken and I hope it will come to some conclusion on those issues, but at the moment those complexities are still under consideration.

Amendment 364 would introduce personal criminal liability for directors and managers who failed to prevent or otherwise consented to offending under the Computer Misuse Act. Again, I recognise the intent to strengthen accountability. Our current view is that it is unnecessary, given the existing offences applicable to persons who enable or facilitate offending. I know that this will be entirely unsatisfactory to noble Lords, both to the noble Lord, Lord Clement-Jones, and to the supporters who have spoken in this debate today, but while this review of the 1990 Act is ongoing, I am limited in regard to what I can say about the Government’s plans to reform the Act, but I hope that I have acknowledged that the points that have been raised are absolutely valid.

[Lord Holmes of Richmond (Con)]

Is the Minister able to clarify whether the review is still ongoing, or are the Government currently reviewing the review?

[Lord Hanson of Flint (Lab)]

I say to the noble Lord—and I hope that he takes this in the way in which I respond—that the review commenced in 2021, and it is now 2026. That is a long time for a review, and I would want to ensure that we come to some conclusions on the 1990 Act. However, at this stage, I cannot give him a timescale for the reasons that I have mentioned, about the complexity of this matter. I along with Minister Jarvis have had custody in the Home Office of these issues since July 2024; that is still three years into a review that was commissioned in 2021. I cannot give him a definitive timescale today, but I hope that the House can accept that there is active consideration of these very important matters raised by Members and that the Home Office plans to reform the Act. I hope that I will demonstrate that we are progressing this work at pace, but we need to get it right. Sadly, we are not going to be able to legislate in this Bill, but there is scope to examine issues at a later date. With those reassurances, I hope that the noble Lord will feel able to withdraw his amendment.

[Lord Clement-Jones (LD)]

My Lords, unusually, light is flooding through the windows of the Home Office, and I thank the Minister, but I shall come back to what he had to say. First, I thank the noble Baroness, Lady Neville-Jones, for her support. As the Minister said, her huge experience in this area is valuable, and it is really valuable to have her support in those circumstances.

I also say a big thank you to the noble Lord, Lord Holmes, who thinks these things through in a very eloquent fashion. He more or less reminded me that, back in 1990, the thing that I was using was a dial-up Apple Mac Classic—probably a Classic II—which just shows how long ago the Act was.

[Lord Hanson of Flint (Lab)]

I do not wish to disturb the noble Lord in full flow, but I have just remembered that I missed an important point for the noble Lord, Lord Holmes of Richmond, who requested a meeting with either me or another appropriate Minister. I will take that request away and get back to the noble Lord in due course about a meeting with me or my colleague, Minister Dan Jarvis—or both of us—and anybody the noble Lord wishes to bring with him.

[Lord Clement-Jones (LD)]

That is a very useful offer for those who are involved in or have an interest in pushing this agenda forward. As the noble Baroness, Lady Neville-Jones, also emphasised following the speech from the noble Lord, Lord Holmes, it is not just about being out of date; it is positively harmful. The Home Office appears to be aware of that, despite the stately progress on the review. The fact that the Minister has said there is a recognition of the need to update the Act is very helpful. He said that they have made progress in formulating a limited defence, but I am not quite so sure about that—let us see when it arrives. I am sure that he has engraved across his forehead the phrase “an update at some point”. That is not quite as good as “shortly”, but it is perhaps better than “in due course”. One has to take away the crumbs of comfort that one can.

What I take most comfort from is the fact that we have a cyber security and resilience Bill, which will come to this House after hitting the Commons, where it had its Second Reading yesterday. If the Home Office picks up a bit of pace, there might well be the opportunity to produce a clause there to provide the kind of defence that we are talking about today. I understand that the Minister has a rather Trappist vow at this point, in terms of being limited in what can be said, but we very much hope that he can be let loose at some stage in the future. We look forward to that but, in the meantime, I beg leave to withdraw the amendment.

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[Lord Davies of Gower (Con)]

My Lords, I am grateful to my noble friend Lord Jackson of Peterborough for tabling these excellent amendments, and to my noble friend Lady Neville-Rolfe for moving Amendment 366 on his behalf.

This amendment is driven by a simple proposition: if we are to bear down on the scourge of phone theft, we must remove the profit motive, because it is precisely this incentive to profit that drives the vast industry behind phone theft. Too often, the criminal justice system is left trying to deal with the consequences of crime after the event, rather than addressing the incentives that fuel it in the first place. Phone theft is now a high-volume, high-impact crime, particularly in our cities, and it causes not only financial loss but real fear and disruption to victims’ lives.

What this amendment seeks to do is eminently practical. It asks cloud service providers, which already control the digital lifeline that makes a smartphone valuable, to take responsible and timely steps to deny access to those services once a device is verified as lost or stolen. A phone that cannot access cloud backups, app stores, authentication, service or updates rapidly becomes worthless on the secondary market, whether at home or abroad.

This is not a novel idea nor an untested one. As many noble Lords will know, the House of Commons Science and Technology Committee has examined this issue in detail. In its recent correspondence with Ministers and technology companies, the committee highlighted both the scale of the problem and the frustrating gap between what is technically possible and what is currently being done. The committee made it clear that voluntary action has been uneven, that existing measures are inconsistently applied across platforms, and that stronger co-ordination, potentially underpinned by legislation, may be required if we are serious about prevention. This amendment directly reflects that evidence-based work and gives effect to its central recommendations.

Importantly, the amendment builds in safeguards for users to appeal or reverse a block where a mistake has been made or a device is recovered. It leaves the detailed technical standards, timelines and sanctions to secondary legislation, allowing flexibility and proper consultation with industry, and it recognises the importance of law enforcement by requiring prompt notification to the National Crime Agency and local police, strengthening intelligence and disruption efforts. Fundamentally, if we can force cloud service providers to implement this provision, we can break the cycle of phone theft. I look forward to the Minister’s response.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Neville-Rolfe, for taking up the cudgels on behalf of the noble Lord, Lord Jackson. I thought I had got away with it when I did not see him in the Chamber, but the noble Baroness turned up at the last minute, like the cavalry, and charged in to raise this very important issue, which I appreciate her doing. She is right to do so because, self-evidently, mobile phone theft is unacceptable. It is a significant criminal operation—as the noble Lord, Lord Hogan-Howe, said, it involves overseas criminal gangs—and a great inconvenience, cost and discomfort to many people. We need collectively to take action to support the reduction of mobile phone theft.

Amendment 366, moved by the noble Baroness on behalf of the noble Lord, Lord Jackson of Peterborough, would require technology companies which offer cloud-based services to use technical measures, such as cloud-based blocking, to prevent access to cloud-based services after a device by a registered user has been lost or stolen. The noble Lords, Lord Clement-Jones, Lord Hogan-Howe and Lord Blencathra—and the noble Lord, Lord Davies of Gower, from the Front Bench of His Majesty’s Opposition—expressed support for that principle and indicated that it is one method of tackling the scourge of mobile phone theft.

I share the noble Baroness’s concern about the theft of mobile phones and other devices that host cloud-based services. The number of thefts is too high and we are determined to get it down. I agree that urgent action is required to make sure that the companies which design these devices—to take up the point made by the noble Lord, Lord Hogan-Howe—play their part and do absolutely everything they can to ensure that a stolen mobile phone is not a valuable commodity and therefore not worth stealing.

I share the intent to reduce mobile phone theft, but I suggest to the noble Baroness that there are a number of potential practical challenges in the proposed approach that I am uncertain whether we would currently be able to overcome. Many apps on mobile phone devices have some element of cloud access, so the range of companies in scope of the provision would appear to be extremely broad. In addition, disabling all cloud services could, for example, stop tracking and recovery of mobile phones, especially if the tracking function relies on cloud connectivity. That would impede law enforcement’s ability to identify locations to which stolen devices are taken.

As noble Lords will note, there is a measure in the Bill to ensure that tracking of mobile phones is dealt with in a much speedier and more effective way without the need for warrants. The Government are working with industry and law enforcement partners on the delivery of practical and effective measures. As the noble Baroness said, there was a very productive round table in February which brought together police, technology companies and others to look at how we can do what the noble Lord, Lord Hogan-Howe, recommended: break the business model of mobile phone theft.

The summit resulted in clear commitments from attendees, including data sharing on mobile phone theft to get a comprehensive picture. There was also a range of other measures, including the police stepping up their operational response. Members will have seen this particularly in London, where the Metropolitan Police—I also pay tribute to the City of London Police—has targeted high areas of that activity as an operational response to catching criminals responsible for these crimes. As I have mentioned, the Bill gives police powers to enter premises to search for and seize stolen items, which would be negated if the tracking element was not allowed. That will help in seriously tackling this issue by enabling the tracking down of stolen mobile phones to particular properties.

As a result of the summit, technology companies and policing partners have continued to work together and there have been a number of working groups looking collectively at tech, operational issues of street action by police forces and other issues, although the main committee has not been reconvened. We have had a change of Home Secretary since the summit took place, so I will go back to the Home Secretary’s office about the potential for reconvening the major group, because it is important that that is done and seen through.

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[Lord Hogan-Howe (CB)]

I acknowledge that the Minister is trying hard to give a positive response, but I wonder whether he wants to challenge the reasons being offered when he goes back to the Home Office.

For most of these mobile phones, if the thieves have any sense they will turn them off, because the risk of being tracked is not insignificant, although clearly they do not always. That could be managed in two ways. First, there could be a time limit before the phone is blocked, such as 48 hours—the owner will not be looking for this phone for the next six years. Secondly, and probably more importantly, this is a bit Catch-22; if we argue, as I think the Government accept, that it is valuable because it can still connect to the network, once the thief knows it will not be connected to the network there will be no need to track it when it is stolen, because nobody will be stealing it. I know this will not be perfect, but if you could reduce it by 90%, that would have a massive impact.

I accept that the point on tracking is well intended, but if we made this difference, the device would not be reconnected and there would be no need for tracking. If there is a need, perhaps we should just time-limit it. I accept the advice the Minister has been given, but there is a way round that argument.

[Lord Hanson of Flint (Lab)]

I am content, with the noble Lord’s experience of how these matters can be dealt with, to reflect on what he has said, but it does not get away from the fact that the problems I have outlined with the amendment as drafted would still be present. I cannot accept the amendment today but, in principle, we are all looking for solutions to stopping mobile phones being stolen, either by effective police action on the ground or by use of neighbourhood policing targeting hotspot areas with high levels of mobile phone theft. The noble Lord mentioned Tube exits, for example.

I cannot accept the amendment in this form because the reasons I have given need to be thought through. The noble Lord’s contribution points to another area where thought can be given. In light of what I have said, I hope the noble Baroness will withdraw the amendment for now, but not the general concern of this Committee and this Government that we need to take action on this issue.

[Baroness Neville-Rolfe (Con)]

I thank the Minister for his constructive response to this important amendment, and all those who took part in the debate. The powerful combination of the noble Lords, Lord Clement-Jones and Lord Hogan-Howe, my noble friends Lord Blencathra and Lord Davies of Gower and the Minister himself represent a lot of expertise in this area and concern to tackle this criminal activity. I am very grateful for that.

The former Home Secretary, Yvette Cooper, was absolutely right to convene interested parties to try to tackle the appalling damage being done to victims of this criminal activity. Theft of phones and their onward sale overseas is a very profitable business. The theft statistics probably understate the problem, as we heard from the noble Lord, Lord Hogan-Howe, and the providers do not at present have an incentive to solve it. It is highly regrettable but, as a result, not enough has been done.

I am not convinced that tracking, data sharing and hotspot enforcement, of which I am very supportive and have spoken in favour of to the Minister before, are quite enough. I am glad to hear that working groups are continuing, and the undertaking to have a further meeting of the Home Secretary’s group is very valuable.

I hope the Minister will also reflect on the debate, think what can be done and perhaps come back with a government amendment or undertakings as to what can be done. But failing that, and probably in any event, I think we will wish to return to this important issue on Report. In the meantime, I beg leave to withdraw my amendment.