Crime and Policing Bill

Lord Cameron of Lochiel Excerpts

Report stage
Wednesday 18th March 2026 Lords Chamber

[Lord Pannick (CB)]

My Lords, I am saddened by the attack from the noble Baroness, Lady Jones, on the Ministers, because they have sat through hours of debate on the Bill and listened most patiently. I have not always agreed with them, but they have responded with the utmost courtesy. They should be thanked, rather than criticised, for their efforts.

[Lord Cameron of Lochiel (Con)]

My Lords, I thank noble Lords for their amendments in this group. We accept the Minister’s amendments, which seem entirely reasonable.

I appreciate the sentiments behind the amendments in the name of the noble Baroness, Lady Jones of Moulsecoomb. However, we believe that they are somewhat misguided. Youth diversion orders, whatever one may think of them, will be implemented as a means of dealing with some of the most serious offences committed by people of the age of criminal responsibility. We should not be making concessions to people who have committed or intend to commit terrorism offences. We believe that engaging in these acts forfeits any right to the conditions of the noble Baroness’s Amendment 409H as a primary consideration.

Similarly, regarding Amendment 409J, tabled by the noble Baroness, Lady Jones, I entirely understand and acknowledge the issue she is trying to grapple with. Our position, however, is simple: court proceedings should be carried out in the language of the land. That said, the Government do offer translation services, and I ask the Minister to set out measures that are already in place to ensure that offenders understand orders that are made by the courts.

Turning to the amendments in the name of the noble Baroness, Lady Doocey, youth diversion orders must be underpinned by the principle of proportionality. Amendment 417A would ensure that they are being used in this expected manner. We particularly support the intention behind Amendment 409G—that youth diversion orders will be a serious step to take, and that ensuring that multi-agency evidence backs up the decision to issue an order is therefore incredibly important. Similarly, the sharing of data on terrorists and terrorism networks is becoming an increasingly urgent need. Any step that improves the efficiency of the sourcing and sharing of information between authorities is welcome, so we also support this amendment. I look forward to hearing the Minister’s response.

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

I am grateful to the noble Baronesses, Lady Doocey and Lady Jones, for their amendments on youth diversion orders. Amendment 409G, in the name of the noble Baroness, Lady Doocey, would require the courts to be provided with details of previous interventions, both considered and imposed, and set out consultation undertaken with other agencies. Amendment 409H in the name of the noble Baroness, Lady Jones, would amend Clause 185, which deals with measures which may be imposed by a youth diversion order. Amendment 409J, again in the name of the noble Baroness, Lady Jones, would require a youth diversion order to be issued to the respondents in simple terms to ensure that they understand what is being asked of them.

I understand the sentiment behind these amendments, but I hope I can explain why the Government cannot accept them. In response to the noble Baroness, Lady Jones, we have had a lot of debate on this Bill and will undoubtedly continue to do so during ping-pong. I thank the noble Lord, Lord Pannick, for his comments; we are doing our best. If noble Lords wish, we can have votes very speedily tonight—if people put their arguments succinctly and the Government respond succinctly, as I will try to do.

On the amendments to date, the Home Office is drafting statutory guidance which will, I hope, help with the points raised by the noble Baronesses. That will be by the negative procedure. It will be produced as soon as possible and will include further details on the circumstances for youth diversion orders. On Amendments 409G and 409H, the legislation already makes it clear that courts must consider the youth diversion order necessary for the purposes of protecting the public from the risk of terrorism or serious harm. Clause 185 clarifies that this test applies to each individual measure imposed by the order. As part of that, courts must also consider proportionality, which is key.

On the second part of Amendment 409H, and regarding the really important points the noble Baronesses have made, Clause 185 already ensures that there are safeguards for an individual’s work or educational commitments and avoids duplication with requirements imposed by other orders. There are similar safeguards in other civil orders. I will address the point made by the noble Lord on translation services later in the debate, or in writing. On Amendment 409J, I recognise the importance of ensuring that the respondent understands the detail of the order imposed upon them. That is vital, and is a consideration for youth offending teams already.

Amendment 417A would require the Secretary of State to publish an annual report on youth diversion orders. The provisions in this Bill already expand the statutory remit of the Independent Reviewer of Terrorism Legislation to include youth diversion orders. In practice, this will mean that youth diversion orders will be considered as part of the annual reports of the independent reviewer. I hope this helps the House. In addition, the Home Office does provide an annual report to Parliament on the use and oversight of disruptive counterterrorism powers. I give a commitment that I will review whether we should include reporting on youth diversion orders as part of this.

I am grateful for the support of the noble Lord, Lord Cameron of Lochiel, for the government amendments. They are technical amendments to clarify the relevant court in Clause 186, which deals with notification requirements, and in Clause 193, which deals with applications to vary a youth diversion order.

Taken together, Amendments 413 and 414 update the route of appeal for both an applicant and a respondent of a youth diversion order. Current drafting includes a route for further appeal to the Court of Appeal in England and Wales. To align the appeal routes with other similar civil orders, this amendment removes the route to the Court of Appeal. This allows established appeal routes to be applied. The applicant or defendant will be able to appeal a youth diversion order made in a magistrates’ court to the High Court by way of case stated or to the Crown Court, with an onward appeal, allowed by way of case stated to the High Court. I hope that these technical amendments will help to clarify the purpose of the Government’s proposals.

I hope that with those assurances the noble Baroness, Lady Doocey, will withdraw her amendment. If she wishes to press it, I advise my noble friends to vote against it.