Crime and Policing Bill Debate

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Department: Home Office
Consideration of Lords amendments
Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I must draw the House’s attention to the fact that Lords amendments 12, 256, 260, 264, 335, 361, 366, 367 and 369 engage the Commons’ financial privilege. If any of those Lords amendments are agreed to, I will cause the customary entry waiving the Commons’ financial privilege to be entered in the Journal.

Sarah Jones Portrait The Minister for Policing and Crime (Sarah Jones)
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I beg to move amendment (a) to Lords amendment 263.

Caroline Nokes Portrait Madam Deputy Speaker
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With this it will be convenient to discuss:

Lords amendment 263, and Government amendments (b) to (g) to Lords amendment 263.

Lords amendment 361, and Government amendments (a) to (e) to Lords amendment 361.

Lords amendment 2, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 2.

Lords amendment 6, and Government motion to disagree.

Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu of Lords amendment 10.

Lords amendment 11, and Government motion to disagree.

Lords amendment 12, and Government motion to disagree.

Lords amendment 15, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 15.

Lords amendments 256 and 257, Government motions to disagree, and Government amendments (a) and (b) in lieu of Lords amendments 256 and 257.

Lords amendment 258, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 258.

Lords amendments 259 and 260, Government motions to disagree, and Government amendments (a) to (d) in lieu of Lords amendments 259 and 260.

Lords amendment 264, Government motion to disagree, and Government amendments (a) to (f) in lieu of Lords amendment 264.

Lords amendment 265, Government motion to disagree, and Government amendments (a) to (c) in lieu of Lords amendment 265.

Lords amendment 311, and Government motion to disagree.

Lords amendment 333, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 333.

Lords amendment 334, and Government motion to disagree.

Lords amendment 339, and Government motion to disagree.

Lords amendment 342, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 342.

Lords amendment 357, and Government motion to disagree.

Lords amendment 359, and Government motion to disagree.

Lords amendments 360 and 368 to 372, Government motions to disagree, and Government amendment (a) in lieu of Lords amendments 360 and 368 to 372.

Lords amendment 439, and Government motion to disagree.

Lords amendment 505, and Government motion to disagree.

Lords amendments 1, 3 to 5, 7 to 9, 13, 14, 16 to 255, 261, 262 and 266 to 299.

Lords amendment 300, and motion to disagree.

Lords amendment 301, and motion to disagree.

Lords amendments 302 to 310.

Lords amendment 312, and motion to disagree.

Lords amendments 313 to 332, 335 to 338, 340, 341, 343 to 356, 358, 362 to 367, 373 to 438, 440 to 504 and 506 to 532.

Sarah Jones Portrait Sarah Jones
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I am delighted to see the return of this Bill—the largest criminal justice Bill in a generation—to this House. The Bill will support the Government’s mission to halve knife crime and violence against women and girls in a decade, and give our police and law enforcement agencies the tools they need to tackle antisocial behaviour, sexual violence, terrorism and online harms. The amendments made in the House of Lords support these aims.

Given the number of Lords amendments, I will focus my remarks on the Government amendments made in response to commitments given on Report in the Commons last June by my predecessor as Policing Minister, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson)—she was sitting on the Front Bench earlier—before outlining the Government’s response to the 19 non-Government amendments added in the other place.

First, my hon. Friend the Member for Lowestoft (Jess Asato) rightly raised concerns about the depiction of strangulation and suffocation in pornography, an issue which was also highlighted by Baroness Bertin’s independent pornography review. As set out in our violence against women and girls strategy last December, the Government have announced our intention to criminalise the possession and publication of pornographic images that depict strangulation and suffocation, and Lords amendments 261 and 262 give effect to that commitment.

Secondly, my hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) rightly pressed the Government on when we would deliver our manifesto commitment to make all existing strands of hate crime an aggravated offence. I am pleased to commend Lords amendment 301, which extends the existing racially and religiously aggravated offences to cover hostility based on sex, sexual orientation, disability and transgender identity.

Thirdly, my hon. Friend the Member for Gower (Tonia Antoniazzi) pointed to the long-term impact, including on employment opportunities, for those convicted of the offences of loitering and soliciting while under 18. Lords amendments 270 and 271 therefore introduce a new disregards and pardons scheme for anyone convicted or cautioned as a child for those offences.

I will now turn to the 19 non-Government amendments added in the other place. First, Lords amendment 2 seeks to bar the issuing of fixed penalty notices by enforcement companies and contractors for profit. The Government do understand the concern about enforcement agencies issuing fixed penalty notices where there may be a financial incentive to do so. To be clear, local agencies are expected to issue fixed penalty notices only when it is appropriate and proportionate to do so. However, Lords amendment 2 risks weakening crucial enforcement action to tackle antisocial behaviour. Our amendments in lieu instead provide that statutory guidance will address the need to ensure that the issuing of fixed penalty notices by authorised persons is proportionate.

On Lords amendments 6 and 10 to 12, I fully appreciate and understand the damage that fly-tipping can do to our communities. The Government’s waste crime action plan, published on 20 March, sets out proposals to radically improve enforcement in this area, including by granting courts the power to impose between three and nine penalty points on the driving licence of those convicted of fly-tipping where driving a vehicle was used in or for the purposes of the offence. Our amendment in lieu implements this commitment.

Turning to Lords amendment 15, on its introduction the Bill provided for a maximum four-year prison term for those convicted of a new offence of possession of a weapon with intent to cause unlawful violence. While this was drafted in line with other possession offences, the Government accept that the intent element of this new offence justifies a higher maximum penalty. Our amendment in lieu therefore provides for a seven-year maximum rather than the 10 years provided for in the Lords amendment, which we believe is disproportionate given that this remains a possession offence.

Lords amendments 255, 256, 258 to 260 and 505, introduced by the Government and by Baroness Owen and Baroness Bertin, all seek to further tackle the proliferation of demeaning and degrading intimate images online. The Government share these aims, and we are clear that intimate image abuse is completely unacceptable.

Lords amendment 255, brought forward by the Government, will criminalise the making, adapting and supplying of nudification tools. These tools use artificial intelligence to create deepfake, non-consensual intimate images, many of women. While creating, sharing and threatening to share non-consensual intimate images is already illegal, this amendment goes further, and criminalises the developers making and supplying these tools. As well as the criminal duties, once this new offence is in force the requirements of the Online Safety Act 2023 will kick in. This means that social media services will be required to take down content that supplies nudification tools, and search engines will have to reduce the visibility of search results linked to these tools.