Crime and Policing Bill

Debate between Lord Strasburger and Lord Davies of Gower

Committee stage
Thursday 15th January 2026 Lords Chamber

[Lord Strasburger (LD)]

My Lords, I am absolutely astonished. Until 10 minutes ago, I had no idea that these provisions existed—that a constable without suspicion could seize a person’s devices, interrogate their data and hold on to them more or less indefinitely. Could somebody, perhaps a Minister, tell me in what circumstances suspicionless search like this is justified?

[Lord Davies of Gower (Con)]

My Lords, I thank the noble Lords, Lord Anderson of Ipswich and Lord Clement-Jones, for bringing forward the amendments in question. Amendments 390 and 391 have been well reasoned, and I am particularly happy to offer my support to the principle behind them. Objectivity should be the aim of every piece of legislation, and I welcome any measures towards that end. That is particularly the case when we are dealing with laws that provide the police with powers that can be used at the expense of people’s privacy. Clause 135 does this, allowing constables to extract online information from defendants’ devices should they need to determine whether the person has been involved in an act of terrorism.

I understand the Government’s intention behind this clause, and that it may have implications for national security. However, because of the importance, we should leave as little of its interpretation to human discretion as possible. We are all aware that, while we continue to support our forces, there are occasional instances of bad faith actors and, more generally, mistakes are a natural product of human enterprise. Allowing a constable’s belief to determine whether it is necessary to retain held information is an unnecessary risk that the Government do not need to take.

Similarly, we are not opposed to the principle behind Amendment 390. Individuals who are subjected to these new powers should not have the anxiety of an indefinite investigation hanging over their heads if the authorities do not have reasonable suspicion that a crime has been committed. For that reason, introducing a limit on the amount of time that information can be held without reasonable suspicion is sensible. That said, I am unsure whether three months is long enough for police forces to determine whether retention is necessary. This is especially the case given the heightened stress that a decrease in officer numbers will put forces under. Despite this, I hope the Minister can agree that a limit is a sensible suggestion and update the Committee on the Government’s position.