Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Faulkner of Worcester Excerpts

Monday 21st November 2011 Lords Chamber

[Lord Faulkner of Worcester]

My Lords, at this late hour I do not intend to detain the House for long and shall concentrate on just one issue. In Committee, I intend to table two amendments to Part 3, Chapter 8, to amend the Scrap Metal Dealers’ Act. The first would have the effect of making cash transactions in the buying and selling of scrap metal illegal. The second would introduce criminal charges for theft of scrap metal which take into account aspects of the crime other than the value of the scrap metal stolen.

Subject to final guidance from the Public Bill Office, which has been extraordinarily helpful to me thus far, these two amendments would add scrap metal theft to the offences listed in Chapter 8, joining knife crime, dangerous driving, squatting, and force used in self-defence. Given the huge public outcry at the prevalence of scrap metal theft, I hope that, given the way that this Bill is structured with the four offences already listed in Clauses 128 to 131, the Government will support what I am proposing. If there were ever an issue where the universal refrain is “something must be done”, this is it.

I invite the House to bear in mind that ACPO puts the national cost of metal theft at £770 million. The problem is particularly acute on the railways—as the noble Earl, Lord Attlee, knows well and I am delighted to see him in his place—where signalling cable theft caused 16,000 hours of passenger delays in the past three years. I am told that this has now reached epidemic proportions with eight actual or attempted thefts every day. Metal theft from electricity networks rose by 700 per cent between June 2009 and June 2011. Other examples are lead from church roofs, manhole covers, telephone wire, and, most despicable of all, brass plaques from war memorials. Almost no aspect of our national life is escaping.

I am not saying that my amendments will provide the complete solution, but they would undoubtedly help. The move to cashless transactions is seen by all the interested parties as an essential step in the process of getting this business under some sort of control. Introducing his Metal Theft (Prevention) Bill in the other place last Tuesday, Mr Graham Jones MP said that he had been told by the industry that,

“scrap metal is a £5 billion industry, with an incredible £1 billion estimated to be exchanged in cash payments”.—[Official Report, Commons, 15.11.11; col. 709.]

As an indication of what we are up against, I would draw your Lordships' attention to a giant screen advertisement at West Ham United's football ground, which was seen on 27 September and which, I believe, is there on a regular basis. It says, in huge letters, “We want your scrap for cash”, followed by three exclamation marks. All that was missing were the three words “No questions asked”. So my first amendment will deal with cash transactions.

The second will provide for a sentencing regime that relates to the consequences of a crime, not the value of the metal stolen. So if the cost to the community in terms of, for example, passenger delays on the railway is £250,000, caused by the theft of signalling cable worth only a few hundred pounds, that much higher loss would be taken account of in any penalty imposed. I suspect that particularly unpleasant metal theft, like the brass plaques from war memorials, could also attract exemplary penalties.

I have already given notice of my intention to introduce these amendments to my noble friend Lord Bach, to the government Chief Whip and to the noble Lord, Lord Henley. I have no wish to score points on this issue. I just want the Government to get on with it and for the House to approve the necessary amendments to this Bill.