Crime and Policing Bill Debate

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Department: Home Office
Moved by
356A: After Clause 109, insert the following new Clause—
“Duty to prevent violence against women and girls on trains(1) The British Transport Police must take all reasonable steps to prevent violence against women and girls on trains.(2) In subsection (1), “violence against women and girls” means abuse aimed at women and girls including, but not limited to—(a) rape and sexual offences;(b) stalking;(c) upskirting;(d) domestic abuse.(3) “Reasonable steps” in accordance with subsection (1) must include—(a) data sharing arrangements with rolling stock companies in relation to cases of violence against women and girls, and(b) participation in rolling stock design to ensure trains are designed to minimise incidences of violence against women and girls.”
Baroness Morgan of Cotes Portrait Baroness Morgan of Cotes (Non-Afl)
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My Lords, I had hoped, as the Minister knows, that we might have reached this amendment last month, in the same week the Government published their long-awaited violence against women and girls strategy—which would have been appropriate—but I left him to debate another extremely important issue. It is a pleasure to open the proceedings on the Bill in 2026 with this amendment.

I am sure all noble Lords support the Government’s ambition of halving violence against women and girls. The challenge with any such strategy is of course in its delivery. Securing safer public spaces for women and girls is essential, and safer streets was of course a key demand, and continues to be, following the terrible murder of Sarah Everard. But there are of course many places where women and girls feel unsafe, and that includes trains and public transport.

I noted this paragraph, on page 65 of the Government’s December strategy, which is headed “Every corner of public life will be safe”:

“Women and girls must both feel safe and be safe in every aspect of public life. … Safety is not just about reducing risk, it is about creating environments that foster confidence, dignity, and freedom of movement. Design and planning are critical tools in achieving this. Well-lit streets, accessible transport, and thoughtful urban design can deter violence, reduce opportunities for harm, and send a clear message that public spaces belong to everyone. By embedding considerations of VAWG into planning and transport guidance, we can ensure that safety is built into the fabric of our communities, making public spaces welcoming and secure for all. To support this, we”,


the Government,

“will update national design guidance to reflect a VAWG perspective, ensuring that safety considerations inform how public spaces are designed”.

Turning to this amendment, I think that the Committee should be aware that, since 2021, there has been an alarming rise in violence against women and girls on our railways—it is up 59%. Sexual offences specifically have risen by 10% and harassment is up 6%. To put this in actual numbers, in 2022-23, there were 2,475 sexual offences; that was up from 2,246 the year before. In 2021, 7,561 crimes against women and girls on railways were recorded by British Transport Police; that had risen by 2023-24 to 11,357.

It is therefore no surprise that these crimes are now classed as a national emergency by the National Police Chiefs’ Council. Due to this, nearly two thirds—63%—of women say they avoid travelling alone, and even women who continue to use public transport often undertake what is called “normalised behaviour”, like being very choosy as to where they sit or assiduously avoiding making eye contact with any fellow passengers.

Of course, numbers tell only half the story. For each survivor of an offence or an attempted offence, their experience stays with them, as we heard just in the last couple of weeks in the powerful testimony given by Her Majesty the Queen. But there are of course many others who have bravely shared their experiences of vulnerability in a place that they should not feel vulnerable at all. It is clear from the numbers I have just given to the Committee that action is needed to ensure measures can be put in place to reduce this level of crime against women and girls on our national rail network, and the Government need to take a lead on this.

This is, of course, a probing amendment. The wording in subsection (1) would place a clear duty:

“The British Transport Police must take all reasonable steps to prevent violence against women and girls on trains”.


Subsection (2) sets out what such abuse could entail but is not limited to those offences. Subsection (3) sets out what “reasonable steps” must include. The reason that this is a probing amendment is that I suspect that the Minister will tell me shortly that this is not the right Bill for such an amendment, so I want to take this opportunity to say that, while I might have some limited sympathy for his argument—

He is looking slightly surprised, so perhaps I have pre-empted his argument or that is not the argument that he is going to make, in which case I will be delighted. But if it is, Ministers will not be able to use the same argument in the forthcoming Railways Bill, where the Government will be accepting a clear responsibility for what happens on trains operating as part of their newly nationalised services.

The reason for subsection (3) is that enforcement after the event for perpetrators is not sufficient if the Government are to stand any chance of cutting violence against women and girls by 50%. Prevention is key to achieving anything like that goal. The suggestion in subsection (3) about what could constitute “reasonable steps” is vital if we are to move to a preventative and safety-by-design model. A crucial first step would be, as the amendment suggests, the sharing of data about cases and levels of violence against women and girls between the British Transport Police and the rolling stock companies. Of course, this is not just about violence against and women and girls in relation to passengers but is highly relevant to female staff operating on the rail network.

Following Royal Assent of the Passenger Railway Services (Public Ownership) Bill 2024, the Department for Transport instructed DfT Operator to assume responsibility for train operators’ ownership in England and provide

“safe, secure and sustainable transport”.

However, since then, there has been no clarification as to how this will occur. These amendments provide a way in which there can be a review of safety issues and standards on trains.

Better and more synchronised technology, subject to government standards and fitted at the point that a train is manufactured, would truly create that safe, secure and sustainable transport. It would also ensure that the Government could have true oversight of this issue and that all modern technology and innovation used by rail operating companies to help drive confidence in passengers, especially women, that are used by manufacturers subject to a gold standard. In addition, as long as manufacturers have the option not to include extra specifications that cost them money but do not seem to bring them monetary benefit, and merely bring societal benefit, they are less likely to install such measures, especially in the current economic environment, where every penny will count.

It is worth remembering that the previous Government created the secure stations scheme, which emphasised collaborative working and station design that deters crime and aids the safeguarding of vulnerable individuals. Using advanced technologies created by innovative companies that provide rolling stock with custom-made parts and technology, these amendments would allow the extension of this scheme to further improve passenger confidence. Just including more CCTV is insufficient. Design features such as improved lighting deployed by companies such as Belvoir Rail are very relevant here.

This amendment is an early opportunity for the Government to show that they are ready to stand behind their December violence against women and girls strategy. It would also demonstrate that delivery of the strategy is a priority across all government departments and is not just being left to the Home Office. I beg to move Amendment 356A.

Lord Hendy Portrait Lord Hendy (Lab)
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My Lords, it is a pleasure to follow the noble Baroness, Lady Morgan of Cotes. My proposed Amendment 356F is complementary, in a sense, to hers. My amendment would create a specific offence of assaulting a transport worker at work. It would be an equivalent protection to that given to retail workers by Clause 37 of the Bill, and there is of course existing legislation protecting emergency workers. I confess to a certain unease in proposing specific offences for specific groups of workers, but in the case of transport workers there are particular circumstances which justify an offence to protect them.

There has been a marked increase in violence against transport workers. Of course, the situation was highlighted by the multiple stabbings at Huntington on 1 November 2025. But violent offences against rail staff increased by 35% in 2024, according to the British Transport Police Authority. The overall increase in both incidents and the severity of violence against transport workers is to be noted. Of course, it is not just railway workers; transport workers protected would include those on the Underground, the Metro, trams, ferries and buses, and all other transport workers.

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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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My noble friend mentioned his noble kinsman, my noble friend Lord Hendy of Richmond Hill, who is the Transport Minister. The British Transport Police are the responsibility of and answer to the Department for Transport. My other noble friend Lord Hendy is the Minister responsible for transport. If I may, I will refer that request to the Minister directly responsible for that policy in this Bill, so that they can consider what my noble friend has just said.

There is a distinction between the existing legislation that I have mentioned, which provides security against attack for public-facing workers, and the Clause 37 issue, which we have already debated. We may undoubtedly return to this on Report in several forms but, in the meantime, I would be grateful if the noble Baroness would withdraw her amendment.

Baroness Morgan of Cotes Portrait Baroness Morgan of Cotes (Non-Afl)
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I thank all noble Lords who have taken part in this short debate. It is one of those that shows the Chamber at its finest, when there is a genuine discussion of some important issues. This was a deliberately narrow amendment, but I welcome the comments that have been made across the Committee on how it could be widened. I particularly welcome that of my noble friend Lady McIntosh about public spaces more broadly, but also the suggestion relating to other forms of public transport, especially trams. I expect that we could apply this to the Underground, not just in London but in other cities too.

I welcome the comments from the noble Lord, Lord Blencathra, about behaviour on trains. The list of offences in proposed new subsection (2) is not exhaustive, and I fully take his point. There is an irony to debating this amendment at a rather more civilised time of the day than we might otherwise have done, had we reached it in December. One reason why I wanted to know whether we were going to reach the debate was that, because we sat late previously, I had to get a 10.30 pm train home to Leicestershire. I would describe myself as being rather robust, but I do not want to travel at half past 10 at night and get home to a deserted car park at nearly midnight. I do not think that anybody wants to do that, nor should we ask members of the House staff to do so. However, I will leave that debate about sitting hours for a very different set of noble Lords to consider.

I thank the Minister for his very helpful and constructive comments on my amendment. The Committee has identified that this is an issue about prevention of violence against women and girls, not just enforcement after the event. He rightly took the point that it is not just about British Transport Police but about working with the train operating companies, as he mentioned. I would very much like to take up his offer of a meeting, whether with Department for Transport officials or with the Rail Safety and Standards Board; he mentioned its forthcoming consultation. I think that we will return to this issue in the Railways Bill, so he can let the other noble Lord, Lord Hendy, know to expect such a debate. For now, I beg leave to withdraw the amendment.

Amendment 356A withdrawn.
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Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I added my name to the amendment moved by the noble Lord, Lord Vaux. Like him, I served on the Select Committee on fraud, ably chaired by my noble friend Lady Morgan of Cotes, that produced a very substantial document indeed. After we produced our report, the Government published a consultation document headed Preventing the Use of SIM Farms for Fraud. In December 2023, the Government published their response to that document. I want to quote briefly from three paragraphs of that response.

Referring to the responses they got, the Government said:

“A few responses noted that banning physical SIM farms alone is likely to result in displacement to eSIM farms”,


which is the point that has just been made. They went on:

“However they acknowledged that if eSIMs were included to the proposed ban, the Government’s definition of SIM farms should be adapted to ensure it excludes smartphones that can hold more than four eSIMs”.


The Government’s response to that section was:

“Responses noted that the definition could also include eSIMs and mobile apps. However, we did not receive sufficient evidence at consultation to include them in a proposed ban, due to their complexity and ongoing pace of development. This could be further addressed by the proposed powers to extend the ban to other forms of telecommunications equipment and articles used to perpetrate fraud”.


They referred to a further final paragraph headed “Government response”:

“The Government considers it important to ensure that the ban is flexible and can be used to rapidly prohibit other types of technology where these are identified in the future. Some such technologies are mentioned above, whilst others may emerge in future and the Government will continue to review fraud methodologies closely for changing patterns and new technologies being used, such as eSIM farms and others. However, the Government agrees with respondents that any powers to ban through secondary legislation ought to have clear parameters for their use”.


That was the last Administration, of course, and it would be helpful to know whether the Government agree with that line.

The question I want to ask the Minister is this. Referring to the clauses on SIM farms, Clause 114(4) says:

“The Secretary of State may by regulations amend this section (other than this subsection)”.


Is that in effect giving the Secretary of State powers to introduce by secondary legislation something that the previous Government said should not be done by secondary legislation? I leave that question hanging in the air while the Government seek advice from the Bench to see what the answer is.

Baroness Morgan of Cotes Portrait Baroness Morgan of Cotes (Non-Afl)
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My Lords, I will briefly speak to Amendment 358. It is a pleasure to follow the noble Lords, Lord Vaux and Lord Young of Cookham. Because we are going to be discussing this and a later amendment on fraud, I declare my interest as a director of Santander UK.

It was a huge pleasure and privilege to chair the Lords inquiry into online and digital fraud, which reported in 2022, and I would like to think that we had some impact in raising the issues, which are of huge importance to the public. Fraud is one of the crimes that people are most likely to be victims of. I know the Minister knows that because he is the Anti-Fraud Minister in the department.

Noble Lords have already spoken about the importance of this amendment, the need for the law to be kept up to date as the technology develops, and the fact that allowing as much flexibility in legislation as possible to enable that to happen is important. The reason we talked about the “fraud chain” in the report is that, obviously, people encounter fraud in myriad ways. Fraudsters are, as we have heard, incredibly flexible, and entrepreneurial—for all the wrong reasons. Of course, telecoms—people’s smartphones or phones—is where many people will first encounter the fraudster, who will then try, as we heard in our evidence, to get them away from technology and strike up some kind of relationship which unfortunately ends in people often losing life-changing amounts of money.

I do not want to pre-empt the debate on Amendment 367, which I hope we will also reach today, but the question, perhaps now or for later, is whether the Minister is confident that the previous Government’s and this current Government’s ask of the telecoms industry is strong enough given the frequency with which the public encounter fraud via their telephones. I will ask the question now, but I am sure we will come back to it. We are all waiting for the forthcoming fraud strategy from the Government, which we understand is—I hope—close. Can the Minister give us a little precursor of whether that will impose tougher asks and potential penalties on the telecoms companies for the reasons that we have already heard?

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, we strongly support Amendment 358 in the names of the noble Lords, Lord Vaux, Lord Young of Cookham and Lord Holmes of Richmond, and the noble Baroness, Lady Morgan of Cotes, who have made the case extremely well today. I pay tribute to the Fraud Act committee chaired by the noble Baroness, Lady Morgan, and I shall quote from it extensively in the next group.

This amendment would rightly ensure that the definition of a specified article included devices capable of using virtual subscriber identity modules, not just physical SIM cards. As we have heard, the criminal landscape evolves rapidly. If we legislate only for plastic SIMs, criminals will simply pivot to readily available virtual SIM technology. By incorporating virtual SIMs into the definition now, we will help to future-proof these provisions and make them genuinely effective against highly scalable, technology-enabled fraud.

Clauses 112 to 117 quite rightly seek to address the serious and growing problem of SIM farms being used at scale to perpetrate fraud and other abuses—it was very interesting to hear the quotes of the noble Lord, Lord Young, from the Select Committee’s report, which demonstrates that the problem has been with us for several years now—but, as drafted, Clause 114 risks being a technological step behind the criminals. As we have heard, it refers to devices capable of using physical SIM cards, but the market is already rapidly moving towards virtual or embedded SIMs. Indeed, I have an iPad in my hand that has a virtual SIM inside it—no physical SIM card at all. If the Bill focuses only on the plastic card and not the underlying functionality, it will leave an obvious loophole that organised criminals will quickly exploit.

The noble Baroness, Lady Morgan, spoke of “entrepreneurial” but not in a good way. We know that fraudsters are highly adaptive. As mobile operators deploy more robust controls on physical SIMs—I suspect not enough for the noble Lord, Lord Vaux—and as handsets and routers increasingly use eSIMs or other virtual identities, those intent on running industrial-scale smishing and scam operations will migrate to those platforms. If we legislate today for yesterday’s technology, we will simply displace the problem from one category of device to another and be back here in a few years’ time having the same debate. I hope the Minister will be able either to accept the amendment or to confirm that the Government will bring forward their own wording—there is always a bit of “not invented here” with these things. Without that assurance, there is a real risk that this part of the Bill will be lacking in force from the day it comes into effect.