Crime and Policing Bill

Debate between Lord Phillips of Worth Matravers and Lord Sentamu

Committee stage
Thursday 22nd January 2026 Lords Chamber

[Lord Phillips of Worth Matravers (CB)]

My Lords, this is not a small matter that we are debating. I have listened to both sides of the argument. The argument in favour of these stand part notices was made in detail, initially by the noble Lord, Lord Black, and was then supported by the noble Baroness, Lady Cash. I listened to those submissions, and they strongly reflected my own. I asked myself: is there anything I can usefully add? I do not think there is, but we are dealing with a matter of high principle. The noble Baroness, Lady Cash, reminded us of the statement that hard cases make bad law. What we have heard in opposition to these stand part notices exemplifies that proposition. We are dealing with a very important matter, and we should not allow a few hard cases to make bad law.

[Lord Sentamu (CB)]

My Lords, I find myself persuaded by the noble and learned Lord, Lord Garnier. This is a moment when, as legislators, we have to pause and ask where the balance really lies. For me, this is not an either/or. When legislators try to legislate, they must not pass the burden of coming to terms with difficult conundrums to someone else to resolve. I would be quite unhappy if we were to leave it to the judge to decide. If they go for anonymity, the courts could then be seen by some people as being on the side not of the citizen but of a few. We have to resolve this and come to a common mind on where we think this should be done. It seems to me that we should not burden the courts with coming to a decision. Legislators should make up their minds on what way they want to go.

I am persuaded by the arguments of the noble Lord, Lord Hogan-Howe. I have always been in favour of open courts, trial by jury and no citizen being above the law. We should all have equality before the law, but that argument can sometimes, unfortunately, ignore circumstances that need to be differentiated—not because you do not want fairness and equality but because, if you blindly go down a particular road, you may cause a greater injustice. That is why I am not in favour of people who are so moralist and who keep to their morals: if you are not careful, you could end up with an injustice.

To those who oppose these clauses and to the Government, who bravely want to put this particular way of doing it in the Bill, I suggest that a further conversation needs to be had. How do we resolve this? Clearly, some of us—and I am one of them—would like to defend police officers who have to decide in a split-second to do something, without a lot of thought. They see a danger and they want to neutralise it—not like in Minnesota, where I do not think there was any danger; I would not want to defend those kinds of actions. The noble Lord, Lord Hogan-Howe, has given us the figures, and actually the statistics are very low. In the unfortunate cases where this has happened, most of our armed police officers are disciplined and well trained. However, in life, you always end up with risks you did not anticipate.

I would want to go the way that the noble Earl, Lord Attlee, argued for—that if somebody took a decision because they saw greater danger and they took somebody out, I can tell you, the media and other people will focus on their family, not on the decision that was taken. We who are legislators cannot ignore the difficulty that that raises for families.

I do not think that volunteers will disappear immediately if these clauses are not part of the Bill. I still think there are people who, for the sake of security and the well-being of society, will continue to volunteer—but you are going to make it more difficult. I plead with all of us in that regard. The noble and learned Lord, Lord Garnier, has encapsulated my thoughts on this but I am still in a quandary: will I vote for this or for that? I just hope that the mover of this stand part notice will withdraw it, knowing that Report is still to come, so that it is a clear conversation, and then we can all make up our mind where this is going to lie.