Crime and Policing Bill

Debate between Lord Katz and Baroness Hayter of Kentish Town

Committee stage
Monday 15th December 2025 Lords Chamber

[Lord Katz (Lab)]

My Lords, before I turn to the substance of the amendments in this group, I shall briefly set out the Government’s plans for road safety. As many noble Lords who have spoken in this debate will know, the Government are currently developing the first road safety strategy in a decade. The safety of road users is a top priority for the Government, and we are fully committed to considering the range of existing motoring offences and police powers, while implementing policies that will improve road safety for all. Our intention is to publish this strategy soon. Many of the issues raised in these amendments fall under the purview of this strategy, and I encourage noble Lords to study the strategy once it is available.

Amendment 345 tabled by the noble Lord, Lord Lucas, and moved by the noble Lord, Lord Blencathra, on his behalf, seeks to make provision for a pilot to help tackle the problem of non-compliant vehicles on our roads—that is, vehicles which are uninsured, unregistered, untaxed or without an MoT. The police already have robust enforcement powers under the Road Traffic Act 1988 and the Police Reform Act 2002, including the ability to seize and dispose of vehicles for offences such as driving without insurance or a valid MoT. As the noble Baroness, Lady Pidgeon, said, the College of Policing provides authorised, professional practice guidance on roads policing, and the strategic policing requirement prioritises this nationally.

Enforcement on the roads is a matter for the police, given their operational independence, and should remain so. We have already talked earlier at some length this evening in Committee about the impact of Operation Topaz on focusing efforts of all partners in improving road policing, and certainly the Government, as we have heard, are investing in this. It is for police forces to enforce road traffic legislation, with chief officers deciding how to deploy available resources, taking into account any specific local problems and demands. Given his experience in road transport matters, it is good to be on the same side of this argument as the noble Earl, Lord Attlee, at least on this one amendment tonight. For future days we shall see. Additional statutory guidance, as envisaged by the amendment, is therefore unnecessary. Mandating new guidance and pilots would place further strain on police resources without clear funding or staffing provisions.

I understand that the noble Lord, Lord Lucas, intends that the pilot would provide a self-funding solution, but it is not immediately apparent to us how this would be the case. For these reasons, we are not persuaded that enforcement pilots will deliver better outcomes than existing measures such as the automatic number plate recognition—ANPR—systems and intelligence-led approaches.

The noble Lord, Lord Davies, asked about the APPG report, which talked about ANPR. Of course, we welcome the contribution of the APPG’s report on the issue. I note that the ANPR system is, of course, a valuable tool—as we would all acknowledge—to help the police tackle crime and keep the roads safe. The Government assure your Lordships’ Committee that they keep the effectiveness of police use of ANPR systems under regular review so that it remains a robust tool for identifying vehicles of interest and drivers who break the law to the police. The DVLA and National Police Chiefs’ Council work closely with trading standards, local authorities and other government departments to improve the identification and enforcement of number plate crime.

The danger is that the well-intentioned amendment tabled by the noble Lord, Lord Lucas, and moved by the noble Lord, Lord Blencathra, would duplicate existing frameworks, including the National Police Chiefs’ Council and the College of Policing guidance. The focus should remain on optimising the use of current enforcement powers and technology rather than introducing a duplicative statutory provision. Having said that, I will arrange for Home Office and Department for Transport officials to meet the noble Lord, Lord Lucas, in the new year.

I turn to Amendments 350 and 398, tabled by my noble friend Lady Hayter and the noble Earl, Lord Attlee, supported by the noble Lords, Lord Berkeley and Lord Bailey, and discussed with some thought and care by the noble Baroness, Lady Coffey. The Government fully share their—all our—commitment to reduce the numbers of those killed and seriously injured on our roads. Driving under the influence of drink or drugs is unacceptable and illegal. We are determined to combat this behaviour and to ensure that all such drivers are caught and punished. We have a combined approach of tough penalties and rigorous enforcement, along with our highly respected and effective THINK! campaign. This reinforces the social unacceptability of drink-driving, reminding people of the serious consequences such practices have for themselves and others.

I assure my noble friend that the upcoming road safety strategy includes serious consideration of lowering the drink-drive limits, as well as testing of suspects, and penalties. As part of this, we are considering concerns raised by campaigners, parliamentarians and bereaved families whom my ministerial colleagues in the Department for Transport have met. The Government are listening closely to the concerns of those affected by tragic cases of death or serious injury on our roads and want to put them at the heart of this work.

Amendment 356B, in the name of the noble Lord, Lord Hampton, seeks to extend the alcohol ignition interlock programme to drivers convicted of certain drink-driving offences. Obviously, there is a very strong argument for alcolocks, not skipping over the fact that they have a lot of popularity with voters. I could not possibly comment on that in your Lordships’ House. As the noble Lord said, alcohol ignition interlock programmes are widespread in many jurisdictions. I reassure the noble Lord that the road safety strategy will consider the case for the use of alcolocks in dealing with drink-driving offenders.

It is worth considering the current regime in place for higher-risk offenders: those who have already engaged in what may be seen as repeated drink-driving or been involved in those alcohol misuse issues. There is a higher-risk offender—HRO—scheme for those who refuse to provide a breath sample, have had two drink-driving convictions in 10 years or were two and a half times over the legal limit. Currently, the practical consequences of becoming a drink-driver HRO is that the driver’s licence is not automatically reissued upon application once the period of disqualification has ended. Instead, the HRO must apply for a new licence, and the DVLA will issue a licence only after the HRO has proved their medical fitness to drive. Having said that, these alcolocks will be considered in the road safety strategy. I hope that gives the noble Lord some assurance and that he will look out for it and study it carefully.

Amendment 416B, tabled by my noble friend Lady Hayter, related to the confiscation—

[Baroness Hayter of Kentish Town (Lab)]

Before my noble friend goes on to the issues that will come under the strategy, can he confirm whether, if anything is agreed along any of these lines, separate legislation will be brought in? Our fear otherwise is that this Bill goes, and it is then a long time before any legislation is brought in.

[Lord Katz (Lab)]

The road safety strategy review is being undertaken by the DfT, so it is a little outside my bailiwick to speak on it. There may well be lots of provisions in the strategy—this is more my speculation than anything else—that do not require primary or secondary legislation. The strategy will be out soon, and we are about halfway through Committee.

My noble friend’s amendment on confiscation of uninsured vehicles was supported by the noble Lord, Lord Ashcombe, who spoke with considerable knowledge of the insurance industry and the costs of free riding in car insurance and those who do not act responsibly. As I have indicated, the police already have powers under Section 165A of the Road Traffic Act 1988 to seize vehicles that are driven without insurance. This amendment goes further by making confiscation automatic and permanent after 28 days.

Under the existing regulations, the process for reclaiming a seized vehicle is clear and time-bound. Once the vehicle is seized, the registered keeper or driver has seven working days to reclaim it by paying all recovery and storage charges and providing proof of valid insurance. This ensures that enforcement is firm but fair, giving owners a reasonable opportunity to comply. If the vehicle is not reclaimed within the seven-day period, the police may proceed to dispose of it. Disposal can mean sale, destruction or other lawful means after issuing a formal notice of intent. This step ensures transparency, and due process for ownership is effectively transferred. These provisions strike an appropriate balance between enforcement, cost, recovery, and fairness to vehicle owners.

Having said that, my noble friend has indicated that her underlying point is about the inadequacy of the sanctions for driving without insurance, which the noble Lord, Lord Ashcombe, was discussing as well. My noble friend has pointed to the fact that at £300, the maximum fixed penalty notice for this offence is about half the cost of average annual car insurance. As I have said, we will soon be publishing a new road safety strategy. At the risk of sounding like a broken record, this will, among other things, set out our proposals for changes to motoring offences. I invite my noble friend to study the strategy and accompanying consultation documents once they are published.