Baroness Stowell of Beeston
Main Page: Baroness Stowell of Beeston (Conservative - Life peer)Department Debates - View all Baroness Stowell of Beeston's debates with the Home Office
(2 days, 21 hours ago)
Lords ChamberMy Lords, I am grateful for this short debate. I would like to widen it a little beyond railways. I am blessed in living in Greater Manchester at the heart of a major Metrolink tram network, which has many similarities to the railways. There are often very few staff late at night, particularly on the trams, and women and girls are especially vulnerable on those occasions. This Bill, if it is not just about the rail network, may be the better Bill to cover these issues and ensure that women and girls are safe and protected from violence on our whole public transport network.
My Lords, it is Amendment 356F from the noble Lord, Lord Hendy, that attracts me to the Chamber, although I do not necessarily share his arguments or reasoning. The main purpose of my speaking, the Minister will not be surprised to hear, is that it affords an opportunity for me to highlight again that the Government’s decision to introduce in Clause 37 a new offence of assault against a retail worker—and only a retail worker—risks creating a new problem.
As I have said before, I know that the Government’s intentions are good and I have no desire to mount a campaign against Clause 37, but the fact that a new offence of assault against a retailer is otiose does not mean that it will have no negative effects if it causes other public-facing workers to believe they are not protected if assaulted. As I have argued before, the workers referred to by the noble Lord, Lord Hendy, clearly will be protected without his amendment—because they will be—but I worry about people fearing that they will not be, deterring employees from exercising the delegated authority that we need them to exercise to uphold good order when in charge of a public place or space.
It is because of this that I urge the Minister—he and I will continue to have this discussion, which he knows I look forward to very much—to think again. I find it hard to understand how the Government can legislate for some and not others in this way. While it is not where I would start, we have to be very conscious of the unintended consequences of Clause 37, which the noble Lord, Lord Hendy, has highlighted today.
My Lords, I speak to Amendment 399 in the names of my noble friend Lady Pidgeon, who cannot attend today, and my noble friend Lady Doocey. This amendment would enable CCTV systems on the railways to be quickly available to the police and continuously for 30 days, alongside defining the technical standards to support this access. It is about ensuring that investigations on the railways can be carried out efficiently.
The amendment was first tabled by our colleague Daisy Cooper following a spate of bike thefts at St Albans station. In trying to resolve this issue, the correspondence from the British Transport Police was quite revealing. The CCTV system at St Albans station is operated by Govia Thameslink Railway—GTR—as part of a commercial franchise agreement. GTR manages CCTV across 238 stations, with over 6,000 cameras. Although British Transport Police and other forces have established information-sharing agreements with GTR and similar operators, these agreements are designed to govern data management, including storage and access protocols. They do not constitute contracts with commitments to supply CCTV footage within specific timeframes or of specific volumes.
Currently, there are no provisions for rail franchise agreements that mandate specific service levels for supplying CCTV footage—it is not established in law yet. While this may change over coming years, as the franchises may be nationalised, this remains an issue. Unlike council-owned CCTV systems, which often feature integrated platforms allowing direct access, many rail CCTV systems are standalone, not remotely connected. Retrieval often requires physical visits to stations, which can delay access, and sometimes operators impose limits on the duration and length of footage they can supply.
While I acknowledge that these are challenges resulting from the current franchise arrangements, which will gradually be resolved, other constraints are rooted in the operational systems. I am aware that in September, the Government announced that they will be providing funding of almost £70 million so that Network Rail can make some improvements to CCTV. Although this is welcome, Amendment 399 would ensure that a legal obligation exists, and I hope the Minister will look carefully at the issues we are raising today.
Amendment 356A from the noble Baroness, Lady Morgan, would put a duty on British Transport Police to take steps to prevent violence against women and girls on trains. This is a national emergency: one in four women have experienced domestic abuse, and a woman is killed by a man once every three days. Given that fewer than one in six victims of rape or attempted rape report their assault to the police—the reasons cited including that the police would not believe them or could not help them, or that they would not be understood—and given that only 2.6% of rape offences result in a charge or summons, it is crucial we do everything we can to assist in this process.
We fully support specialised teams tackling violence against women and girls in every police station, including British Transport Police stations, and we welcome the Government’s overall work in this important area.
The amendment also raises the issue of rolling stock design. As the railway comes under public ownership, there is a real opportunity for the Government to lead on the right design of the interior of their new fleets of trains; procedures to cut out crime and ensure safety and accessibility for everybody should be the heart of that design. However, it should be noted that the rolling stock would not be publicly owned; rather, it would continue to be leased, as now. That issue may need to be looked at again.
Amendment 356F from the noble Lord, Lord Hendy, would create the offence of assaulting a public transport worker, which is similar to the offences of assaulting retail workers and emergency workers. We are sympathetic to this amendment but as the noble Lord himself indicated, the wording may need refining. However, the principle behind it is clear, and it is obvious that protection is needed.
This is an important group of amendments that addresses the safety of our railway networks, systems and travelling public. I look forward to the Minister’s response to the many serious points that have been raised.
I am grateful to the noble Baroness, Lady Morgan of Cotes, for Amendment 356A, and I am glad we have reached it today. We hoped to reach it prior to Christmas, but time did not permit. I know that she has championed this issue in the House before, and I welcome her contribution pressing the Government today. I also welcome the slight widening of the debate by the right reverend Prelate the Bishop of Manchester to look at metro services.
I note the comments of the noble Baroness, Lady McIntosh of Pickering, and the terrible case of Claudia Lawrence. She has written to me separately on that. I have already instigated with my colleagues in the Home Office a response to the issues that she has raised. I hope she will forgive me if I concentrate on other matters today, but that is not off my agenda.
I know the whole Committee will support the fact that the Government have taken action on violence against women and girls, which is intolerable anywhere, including on the railway. The noble Baroness referenced the Government’s strategy on halving violence against women and girls, which was published in the House of Commons on the last day before Christmas. The Statement repeat has not happened in this House because the Opposition did not want it. That is fine—I understand that—but the commitment from the Government is very clear, and the recently published strategy to halve violence against women and girls is vital.
I also take the points on behaviour made by the noble Lord, Lord Blencathra, which is an encouraging comment as part of that because the points he made are valid, and I accept them. The British Transport Police is essential in helping us to deliver that objective of halving violence against women and girls, alongside police counterparts in Home Office forces. It may be helpful to the Committee to say that the British Transport Police, as the police force for the railway, is already required to prevent crime, and that includes the offences set out in the amendment. The British Transport Police undertakes activities across the railway to encourage victims and bystanders to report offences, and indeed poor behaviour, and will relentlessly pursue offenders. In BTP Policing Plan 2025-27, it has given specific commitments to prevent violence against women and girls through:
“Effective and sensitive investigation and robust offender management”,
and:
“Targeted activity to identify and apprehend those intent on offending”.
If it helps the noble Baroness, Lady Morgan of Cotes, I am very happy to provide, through my colleagues in the Department for Transport, a further meeting for her to look at that work and understand it at first hand.
The noble Baroness also mentioned rolling stock companies and the manufacture and leasing of trains to train operating companies. The design of trains is defined not by the rolling stock company but by the train operating company. Therefore, the proposal that the British Transport Police shares data on violence against women and girls with rolling stock companies would not lead to improvements in the design of train carriages, but I take her point. The British Transport Police already shares crime data with train operating companies, which can feed into the British Transport Police policing plans.
The noble Baroness will also, I hope, be aware that the Rail Safety and Standards Board already publishes key train requirement guidance that is used by train operating companies when ordering new trains. This helps detail the features that are to be included in the specification. The content of the document is prepared by a group of rolling stock experts representing train operating companies, manufacturers, leasing companies, industry bodies and the Department for Transport. Following input from security experts in the Department for Transport and BTP, new content has recently been prepared that includes additional measures to do exactly what the noble Baroness wishes, to enhance personal security, including those that seek to reduce violence against women and girls. The content has been included in a draft of the document that will be submitted for consultation with the rail industry. The intention— I hope this is helpful for the noble Baroness—is that it will be published in spring 2026. While it is not the legislative back-up that she is seeking in the amendment, I hope it meets the objective of the very valid points she has made today.
The noble Lord, Lord Davies of Gower, mentioned sentencing. We had a full debate yesterday on the Sentencing Bill and the House made its decisions on it. There is a difference between us on that, but I want to see offenders brought to justice and people caught. That is an important part of our proposals regarding the prevention measures and the performance of the British Transport Police on these issues.
Amendment 356F in the name of my noble friend Lord Hendy includes the introduction of a stand-alone offence of assaulting a public transport worker. Before I refer to what he has said, I will address the noble Baroness, Lady Stowell. First, I confirm that we are having a meeting. It is in the plan; it will be sorted and is coming down the line very quickly. She referred to Clause 37 and the stand-alone offence on retail workers. We have taken the view that there should be a stand-alone offence because retail workers are upholding the law for the state on sales of alcohol, drugs, knives, cigarettes and a range of other matters. But I agree with her that it is essential that transport workers feel safe going about their job. There is no place for abuse and assault of any worker, and I know we will all agree with that.
The attack in Huntingdon in early November shocked and horrified us all. Tributes were paid at the time to the railway staff who stood in the way of alleged attackers and did their duty, and those matters will come to court in due course. But I must stress the important point—this goes to the heart of what my noble friend said—that if a public transport worker suffers violence or abuse at work, it is essential that they report it to the police so it can be investigated. We take that seriously in the police, the transport police and the railway, and elsewhere in the Home Office. As the dedicated police service for the railway, the British Transport Police is able to provide further reassurance to rail staff that it is there to protect them and will arrest offenders quickly.
The key point I want to make to my noble friend is that transport workers are already protected in legislation, as the noble Baroness touched on. The Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers, in which transport workers would be included, an aggravating factor that the courts must consider in sentencing. As I said earlier in Committee, everybody is protected from assault. It is criminalised under the Criminal Justice Act 1988 and that long-standing piece of legislation, the Offences against the Person Act 1861. The key point in this case is that transport workers are covered by that legislation, whereas—to return to Clause 37—retail workers were not covered in the way that public-facing workers are in relation to police and others. They are still covered by the main offences of the Criminal Justice Act, but the aggravating factor that we are introducing under Clause 37 deals with retail workers specifically. I am happy to discuss Clause 37 with the noble Baroness when we have the opportunity to meet very shortly regarding her concerns about the legislation.
I am grateful to the Minister and I look forward to us discussing that at that time. I am not an expert in the law in this area, but I am genuinely surprised by what he has just said about the current legal provisions and protections for retail workers and the need for that which has been included in the Bill on the grounds that he has argued. If, as a result of this short debate, there is any need for him to clarify that further, that would be really helpful.
We are in danger of the Committee revisiting Clause 37. I have an opportunity to meet the noble Baroness, and we can discuss those issues then. I am saying to my noble friend, in relation to his amendment, that the Police, Crime, Sentencing and Courts Act 2022 makes offences against public-facing workers an aggravating offence. We are strengthening that for retail workers in the context of Clause 37, but we will revisit that when we have our further discussion.
Amendment 399, tabled by the noble Baroness, Lady Pidgeon, but spoken to by the noble Lord, Lord Goddard of Stockport, would introduce a requirement that all CCTV camera images on the railway are made immediately accessible to BTP and to the relevant Home Office police force. I say to the noble Lord and the noble Baroness that I welcome the aims of the amendment, as historically the lack of immediate access to railway CCTV images has been a significant issue for BTP that can reduce its ability to investigate crimes quickly.
However, and this is where we may differ, I do not believe that legislation is necessary to address this issue. The noble Lord rightly said in his contribution that the Department for Transport has secured £17 million in funding to implement a system to provide more remote immediate access to station CCTV to the British Transport Police and the railway industry, and he welcomed that. I can say to him today that the Department for Transport will be funding Network Rail on behalf of the rail industry to deliver the project, which will cover the whole of the railway in England, Scotland and Wales, and prioritise stations where there are most passenger journeys.