Crime and Policing Bill

Debate between Lord Blencathra and Baroness Brinton

Committee stage
Monday 15th December 2025 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I want first to pick up on the amendment from the noble Baroness, Lady Maclean, and both her comments and those of the noble Baroness, Lady Fox, and ask the Minister a question. Am I right in thinking that given that the Prison Service—and I think also the Probation Service—must do a full assessment of risk on any transgender prisoner, the protections they seek are already there?

I am grateful to the noble Baroness, Lady Maclean, for raising the case of Karen White. The Scottish Prison Service apologised because it did not do what it should have done: a full risk assessment. Had it done that, she would not have been placed on a women’s wing. I therefore hope the Minister can confirm that the protections for the public, particularly for victims, remain, because now, following the Karen White case in particular, real care is taken to make sure the law is followed. I would find it extraordinary if crimes were just dropped off the list because somebody had a transgender recognition certificate—so could the Minister confirm that this is not the case?

Turning now to my noble friend Lord Clement-Jones’s amendment, we on these Benches also welcome Clause 87, but it needs strengthening. My noble friend’s amendment is very clear: we have to be able to stop offenders changing their names without the knowledge of the police. That also plays into the amendment from the noble Baroness, Lady Maclean. Research from the Safeguarding Alliance has shown that key legislation is being made redundant because of a loophole that people can use to get through the cracks. This is not just about transgender issues; it is about people just changing their name regardless of their gender. Frankly, this makes Sarah’s law and Clare’s law utterly useless. I hope the Minister is prepared to consider this.

The remaining amendments in this group, from the Government, look as though they are sensible adjustments to the arrangements regarding sex offenders obtaining driving licences in Northern Ireland. We look forward to hearing from the Minister in more detail on those.

[Lord Blencathra (Con)]

My Lords, I was not going to participate in this debate until I heard about the Scottish case and the Scottish Prison Service admitting that it got it wrong and that it did not carry out what they should have done.

I recall Julia Hartley-Brewer interviewing the SNP Scottish Justice Secretary. The Justice Secretary was saying that it was terribly difficult to reach an assessment, make a judgment and try to get it right. Julia Hartley-Brewer said, I believe, “What is the problem? Just look down his trousers and you will find the answer”. I commend that as the best answer I have ever heard.