Lord Blencathra
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Viscount Hailsham (Con)
My Lords, I rise briefly to make observations about Amendments 122 and 123. I am not against a review or a consultation, but I make the point that these are not cost-free. Reviews and consultations take up a lot of time within departments and are expensive, and we need to keep that in mind when this House authorises them.
My point is very narrow and applies to both the review and the consultation. It is perfectly true that the sharp-bladed knife is a matter of very great concern to the public, and rightly so. It is important to keep in mind, however, that sharp-bladed knives also have legitimate purposes. My point is that when we authorise the review or consultation, we need to be sure that the scope of the review or consultation is sufficiently wide to address the balance between banning, or further banning, sharp-bladed knives and the impact on those who use them for proper purposes. In other words, the scope of the review or consultation must consider the issue of proportionality when we come to any further proposed changes. That is the only point that I want to make, but it goes to both the review and the consultation.
Lord Blencathra (Con)
My Lords, once again, I find myself in the rather scary position of seeing some considerable merit in the suggestion of a Lib Dem Peer, the noble Lord, Lord Clement-Jones. I will also comment on the speech of the noble Lord, Lord Hampton, who also advocated for controls on knives.
There is merit in having a review, or otherwise, of the measures in the Bill. However, I would go further and say that we probably need a wide-ranging review of all the measures successive Governments have taken to try to crack down on knife crime as, despite all our efforts, we cannot manage to do it. I was the Home Office Minister who took through the Offensive Weapons Act 1996, followed up the next year by the Knives Act 1997. That was building on Section 139 of the Criminal Justice Act 1998.
Lord Hacking (Lab)
My Lords, I stand to ask for guidance from the Dispatch Box. When I was doing my national service in the Royal Navy in March 1957—I can date it precisely—I became a midshipman. With that ranking, I was awarded a midshipman’s dirk, which I still hold today. I cannot find that dirk falling under any of the exceptions proposed by the noble Lord, Lord Hogan-Howe. Do I therefore have to table a special amendment to make it lawful for me to continue to hold my midshipman’s dirk?
Lord Blencathra (Con)
Before the Minister replies, I will briefly respond to the very kind remarks of the noble Lord, Lord Stevens of Kirkwhelpington. To continue the love-in, I say that he was not only an excellent commissioner but a superb chief constable. He was a hands-on bobby as chief constable.
One night, he decided to go out in a squad car in plain clothes. He was sitting in the back, and a call came in for the officers about an incident around the corner. The officers said, “You just sit there, sir, we’ll go and have a look at it”. No sooner had the officers disappeared than the back door of the car was wrenched open, and a Geordie stuck his head in and said, “It’s okay, mate, you can scarper now—the rozzers have gone”. The noble Lord did not scarper.
Lord in Waiting/Government Whip (Lord Katz) (Lab)
Maybe this should be called the “afternoon of the long knives”.
I am grateful to all noble Lords who have spoken in the debate and thank the noble Lord, Lord Hogan-Howe, and, in his absence, the noble Lord, Lord Lucas, for bringing these amendments. I am grateful to the noble Lord, Lord Hogan-Howe, for explaining the intention behind them.
We can see the merit in Amendments 211, 212 and 214, but making changes like this would first require thorough consultation with the police and officers. Obviously, we are very privileged to have the testimony and experience of—I am not sure whether “brace” is the right collective noun for two former commissioners—the noble Lords, Lord Hogan-Howe and Lord Stevens of Kirkwhelpington. The noble Lord, Lord Clement-Jones, remarked on how you learn something new every day: indeed, I had no idea that truncheons have so many uses or non-uses. I am grateful also to the noble Lord, Lord Davies, opposite for explaining the ingenious uses that he put his truncheon to from time to time.
While I am referring to comments from noble Lords, I say to my noble friend Lord Hacking that his issue depends on the question, “How long is your dirk?” I am not sure whether that is something I would want to say at any point in time, let alone at the Dispatch Box, but there we are.
More seriously, I assure the noble Lord, Lord Hogan-Howe, and the rest of the Committee that the Government will consider further the issues raised in the discussion that we have had on this group of amendments. In doing so, we will ensure that any changes to the existing defences and exemptions are made after thorough consideration of the impacts. As the noble Lord, Lord Davies, said, they all deserve serious thought and thorough consultation. Although I am not suggesting for a minute that anything said by the noble Lord, Lord Hogan-Howe, suggested otherwise, we must place the safety of the public in a paramount position. As such, I cannot undertake to bring forward any proposals in time for later stages of the Bill. However, I stress that, in any event, it would be possible to give effect to the sort of proposals that the amendments intend through existing regulation-making powers. Any such regulations would be subject to the draft affirmative procedure and, therefore, would need to be debated in and approved by both the House of Lords and the other place.
Amendment 213, on items used for agriculture, gardening or similar purposes, was tabled by noble Lord, Lord Hogan-Howe, and discussed by the noble Viscounts, Lord Hailsham and Lord Goschen. We believe the legislation is clear that it targets curved swords, and, if that is contested, it is ultimately for the courts to decide. We will work with the National Police Chiefs’ Council to ensure that police officers have access to appropriate guidance. I am sympathetic to the points made by the noble Lord, Lord Hogan-Howe, and other noble Lords, and the proposed amendments require further consideration and consultation.
Regarding Amendment 214—indeed, all the amendments—I stress that it is at the discretion of the police, the CPS and ultimately the courts to decide to take action against those holding weapons or items on the Schedule’s list for legitimate historical reasons, or indeed those using them for legitimate cultural sets of reasons. It is at the discretion of the police and the courts in taking a case forward. But I equally stress that we have existing powers to change the relevant law through secondary legislation. Given that, I ask the noble Lord to withdraw his amendment.
Lord Blencathra
“Knives on educational premisesIn section 139A(4) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on educational premises), omit paragraphs (b) to (d).”Member’s explanatory statement
This amendment would ensure that the only justification for anyone to have a knife at school would be for “use at work” and that would apply to teachers only. It would remove any other defence for having a knife on educational premises.
Lord Blencathra (Con)
My Lords, I will speak also to my other amendments in this group. Amendment 214B is rather small; the others propose three large new clauses which I hope to sell to the Government.
On Amendment 214B, the Criminal Justice Act 1988 makes it an offence to have an offensive weapon on any school premises, with the exception that
“it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him … for use at work … for educational purposes … for religious reasons, or … as part of any national costume”.
My amendment suggests deleting
“for educational purposes … for religious reasons, or … as part of any national costume”.
I see no justification whatever to permit schoolchildren to have knives. What is their educational purpose? Perhaps it is to learn that they have sharp edges.
The religious exemption, I understand, is for the Sikh men and women who are under a religious obligation to wear a knife called a kirpan when they are old enough to understand its meaning. There is no specific age for that, and I stress that it is a religious artefact and is not worn as a weapon. I also stress that Sikhs using the kirpan as a weapon are extremely rare and the only documented case that I can find was of a man drawing it in self-defence when he was attacked, and he was rightly exonerated for it.
Nevertheless, we are awash with knife crime in schools. I think it sends completely the wrong signal that some young men and girls can attend school carrying or wearing a knife. It gives all the ignorant others a chance to say, “If they can carry one, why can’t I?” I stress again that Sikhs do not have a track record of using their kirpans as offensive weapons. I also say that, in my view, no religious belief can trump public safety, no matter what the religion.
Similarly, the exception for national costume must also go, as far as schoolchildren are concerned. In full dress uniform, which I wore very exceptionally, I had a sword on my left side and a dirk on my right—one drew them with contrary arms, so you were fully armed on both sides. We of course also had a sgian-dubh down our hose—our sock, for English speakers. In a civilian kilt, I would also have that black knife—the translation of sgian-dubh—down my right hose. It is a black knife not because of the colour but because it was sneaky and underhanded and you could stab your opponent with a hidden weapon he did not know about—although every single person in Scotland knew you were carrying a secret, hidden weapon down your sock. I am not sure how my dirk differed from the dirk of the noble Lord, Lord Hacking, and I am not sure what purpose his was supposed to be put to as a midshipman: we had better not go there. But I say that there is no justification whatever for permitting any schoolchildren to wear a sgian-dubh or any other knife as part of a national costume. Those exemptions should be rescinded.
Turning now to my principal amendments in this group, and they are related, I think the new clauses I have suggested here are terribly important. Amendment 214 lists some of the categories of offensive weapons that are so dangerous and so evil that they should have separate mention from all other offensive weapons in legislation. Amendment 214D suggests measures to stop their manufacture or importation, with some tough penalties for breaches, and the new clause proposed in Amendment 215 would create tough penalties for possession, carrying and use. The first thing the Minister and other noble Lords will say, quite rightly, is that we do not need a special category for these weapons, since they are all caught already in various laws on offensive weapons. That is entirely correct, but I shall argue that we now have such an epidemic of the use of these appalling weapons, especially machetes, that we need exemplary action to crack down on them.
The first known machete attack in this country was the barbaric murder of PC Blakelock in Broadwater Farm in 1985, where reports say that he was on the ground, curled up in a ball, screaming in agony as a machete and knife-wielding mob hacked him to death with 43 vicious wounds. No one has ever been convicted of that crime. The next big machete attack was in Wolverhampton in 1996, but it is in the last 10 years that machete attacks have really taken off. On Monday, two days ago, an 18 year-old was sentenced to 24 years for the machete murder of a man in Leeds. Also last Monday, a man was sentenced in Croydon for the murder of a 16 year-old with a machete. In Woolwich in October, two teenagers were sentenced for the machete murder of another 15 year-old kid. In September, two youths were sentenced to life imprisonment for the machete murder of a 14 year-old on a London bus. In Lincolnshire, two men were sentenced for the manslaughter with a machete of another man. In October, we all saw videos of a group of men fighting in the street with machetes, and two weeks ago similar videos were shown of a gang outside a Starbucks in east London, fighting with machetes. This did not look like the United Kingdom but downtown Kinshasa, where I see they are almost re-enacting another Rwanda massacre.
I say this carefully. Who is doing nearly all the machete killings? Why, black youths. Who are nearly all the victims who are dying? Again, black youths. This is not the time or the place to go into it, but we seem to have imported an African attitude to the use of machetes, either through some of the people coming into this country or British-born youths adopting a machete culture. Leaving aside the individual historic cases I mentioned, the generality is that police figures recently released from police forces in England and Wales following an FoI show that machetes are used in almost 700 cases every month. That is a machete attack almost every hour on average, but the true total is even higher, as the nation’s largest force, the Metropolitan Police, failed to provide statistics, saying it would take too long for staff to compile them. I am certain that the two noble Lords the former commissioners who are with us here today would have found the time to compile those statistics, especially if I had asked for them. Six other police forces failed to respond. A survey of police forces found that machetes were involved in 1,335 crime incidents in two months at the end of last year.
I have focused on heavily on machetes, since they are the new preferred weapon of choice for gangs and individuals wanting to terrorise and kill those they see as their opponents. Why take a seven-inch knife or a nine-inch carving knife from the kitchen drawer when you can get a 21-inch machete and have a much more offensive weapon? I used to have a machete myself, a handle and a blade about 21 inches long, which I would sharpen to an absolute razor’s edge. I used it for clearing brambles and brush in an overgrown orchard I had. It was a superb implement which could slash through anything. The mind boggles to think of that used on any human being.
The other particularly dangerous weapons I list in this new clause are zombie knives, obviously, and cleavers. Why cleavers? Do we have butchers on the rampage? Well, no, but the scum who murdered drummer Lee Rigby outside Woolwich Barracks used a standard meat cleaver. That is why I say in proposed new subsection (3) that the Secretary of State must be able to add new particularly dangerous weapons if the fad suddenly changes. For example, in rural farming supply shops, noble Lords will find an implement called a bill-hook. It is rather like a shorter version of a machete, but with a curved, pointed end. It is used for hedge laying, but it is not beyond the wit of thugs to buy these if we clamp down so much on machetes or other things that they cannot get them. There is no recorded incidence of a cutlass being used, but they are very similar to machetes and the bad guys will switch to them if we clamp down on everything else.
Finally, in this proposed new clause, I suggest that the Secretary of State be given a rather unusual power—which I do not think we do anywhere else in regulations—to put pictures or photos in the regulations. Look how many words it takes to define a zombie knife. Let us make it simpler by publishing representations of them as well.
I do not need to spend long on Amendment 214D, which provides for the offence of selling, manufacturing and importing of these particularly dangerous weapons. I have already made the case why they are evil, and I suggest that anyone convicted of an offence under this new clause should get up to 10 years’ imprisonment and an unlimited fine. I am not tying the judges’ hands; I can assure the Minister of total discretion to sentence up to 10 years. It must also apply to the directors and officers of a company, who should not be allowed to hide behind limited company status.
Lord Hanson of Flint (Lab)
I am glad that the noble Lord is relieved about that.
The serious point here is that getting the defences and exemptions under which weapons may be legal to own, import or sell under certain limited circumstances right also requires consultation—I think the noble Viscount, Lord Hailsham, and the noble Lord, Lord Sandhurst, acknowledged that. In the absence of such consultation, I suggest that the Bill is not the right place to legislate on a specific category of knives and weapons, and we risk not taking account of some important matters if we have not consulted first.
In any event, it would be possible to give effect to these proposals for further restrictions through existing regulation-making powers provided for since the Criminal Justice Act 1988. Any such regulations would be subject to the draft affirmative procedure, so, again, they would be subject to debate in and approval by both Houses of Parliament.
We have debated the provisions in Chapter 1 of Part 2 which introduce new measures to provide the police with the power to require social media marketplaces and search services to take down online illegal content. I understand the honest, genuine motivation of the noble Lord, Lord Blencathra, in tabling these amendments, but just a casual listen to the debate today shows that there are a number of issues that we need to consider, and I believe that the existing powers that we have, the actions that we have taken and the measures under the Bill will be sufficient. I therefore ask the noble Lord to withdraw his amendment.
Lord Blencathra (Con)
I am very grateful to all noble Lords who have spoken, some mildly in support of my amendments and others liking the concept but pointing out the serious drafting flaws in them. I am grateful to my noble friend Lord Hailsham; he is right that the drafting is flawed. Any future amendments I make would need to include “legitimate and lawful use”. He pointed out that he would need to go on to the high street or to another public place to use his machete. I would have to do the same myself, with a buddleia overgrowing the road. If I had a machete, I would have to go on to the pavement to use it. Instead, I have an electric trimmer, which my wife can use. There are legitimate flaws in my drafting.
I suspect that many of my noble friends from a hereditary background have houses stuffed full of dangerous, sharp weapons—from pikes to swords—as well as armour and all the other accoutrements acquired over centuries in this great and noble land of ours, where tremendous battles have been fought to secure our freedoms since 1066. Of course they are not for public display; I accept that this too is an error in my drafting. They are there because they are owned by the family, who should not be penalised for having them.
My concept is right. There is a problem here, and I hope that if we come back to some elements of this amendment on Report, my noble friend Lord Hailsham will help me in the drafting. I say to the noble Lord, Lord Hacking, that a dirk is not included in my definition. My noble and learned friend Lord Garnier hit the nail on the head: tough sentences are required, though that may not require some of the amendments that I have suggested. I am so grateful to the noble and learned Lord, Lord Hope of Craighead, for pointing out that with the Prevention of Crime Act 1953, it was tough sentences that cracked down in Scotland. I do not want to put words into his mouth, but he said that there was then full judicial discretion. We did not have the Sentencing Council, which to me ties the hands of our judges—judges who should have full discretion to sentence as they see fit.
In some of those cases in the last few months which I quoted, people got a minimum term of 24 years or 30 years for an appalling murder, but hundreds of others who attacked people who did not die received much lesser sentences. Machete attacks have now become endemic. It is the weapon of choice for bad guys, for youths who want to commit crimes or terrorise their opponents in other gangs. We need unique and specialised exemplary action.
I say to the noble Baroness, Lady Doocey, that I am not calling for children to be criminalised. I referred to three instances, and I was wrong in suggesting removing educational uses. But I can see no justification for maintaining a religious exception and a national dress exception allowing kids to bring such knives to school. The Government are wrong to stick to that.
Introducing this has been worth while. I do not mind that my noble friend Lord Hailsham called some of it “bizarre”. What is happening on the streets of London and elsewhere in England today is bizarre. If, 20 years ago, we had said that we would see these gangs fighting on the streets outside Starbucks with machetes, we would have said, “Don’t be fanciful; it’s barking mad; it’s never going to happen”. It is happening day in, day out on our streets. It is not only bizarre; it is obscene and dangerous. Therefore, we need to take special action, exemplary action, to deal with this problem. Having said that, I beg leave to withdraw my Amendment 214B.
Baroness Neville-Rolfe (Con)
My Lords, I rise to speak to Amendments 214F and 214G, in my name, as we move away from the regulation of weapons to retail crime and shoplifting. I will try to be brief.
In my 15 or so years as an executive at Tesco and as vice-chair of the British Retail Consortium, I spent many hours investigating and studying shoplifting and what could be done to reduce it. We used staff training, the latest waves of technology and generous business investment to combat it. I was always very worried by the wider social impact, as stolen goods were sold on to fuel drug habits and innocent shop workers were sometimes hurt in the process of trying to stop it. The truth is that these risks and their devastating effect on individuals have become much greater as society has changed and become more divided and less moral, and hence violent crime has become more of a day-to-day occurrence. As with so much else, the long Covid lockdown has made things worse, and the police have prioritised other things.
However, this Bill is full of amendments requiring the police to do more. That will put yet further pressure on the police contribution to tackling neighbourhood crimes such as shoplifting and assaults on retail workers, which frighten retail workers, especially in the smallest shops, and lead, sadly, to more shop closures on the high street. For some years I strongly supported USDAW’s campaign for a stand-alone offence of assaulting a retail worker. As the Minister knows, I am delighted that the Bill puts that into law. It is a good day for the Minister, given his USDAW links, and for the noble Lord, Lord Hannett of Everton, smiling over there, who represented USDAW so intelligently when I was at Tesco.
However, the Bill as drafted does not quite do the trick as it does not cover retail delivery drivers, who have also been the subject of growing aggression. This is a particular problem if the driver has to ask for ID because a juvenile under 18 is taking delivery—a flashpoint, according to a recent British Retail Consortium survey—or if there is a disagreement about what is being paid for and delivered. Last week, Tesco even announced that it was piloting giving body cameras to delivery drivers. Another point of significance is that such drivers are already covered by parallel legislation in Scotland. That is not always a recommendation, but given the national character of much of retail, I hope the Minister will agree that this alignment makes sense and accept my Amendments 214 F and 214 G. I beg to move.
Lord Blencathra (Con)
My Lords, I will be very brief this time. My Amendment 214FA seeks to add hospitality venues. This is an important clause which has my full support; I simply want clarification that cafes, restaurants, pubs and bars are included in the definition of retail premises.
In UK law, “retail premises” typically refers to premises where goods are sold directly to consumers for personal use. This includes shops, supermarkets and other establishments where tangible products are offered for sale. Hospitality venues such as cafes, restaurants, pubs and bars primarily provide services: the preparation and serving of food and drink for consumption on the premises. While these venues may sell some items to take away, their main business activity is the provision of hospitality services rather than retailing goods.
UK planning law differentiates between retail and hospitality venues through the use of “use classes”, which categorise buildings and their permitted activities. Class E—commercial, business and service—includes shops, restaurants, cafés, financial services and other commercial uses. While both retail shops and hospitality venues are covered under class E, they are distinct subcategories within this class. Class E(a) refers to shops selling goods, while class E(b) refers to the
“sale of food and drink principally to visiting members of the public where consumption is mostly undertaken on the premises”,
which covers cafés, pubs and restaurants. Therefore, while cafés and restaurants fall under the same broad planning class as retail shops, they are not regarded as retail outlets in the strict sense, but rather as hospitality or food service venues.
Legislation relating to employment, health and safety, licensing and business rates may further distinguish between retail and hospitality businesses. For example, food hygiene regulations specifically address food service establishments, while retail regulations focus on the sale of goods. Under UK law, cafés and restaurants are not generally regarded as retail outlets; they are classified as hospitality venues or food service establishments. The key distinction lies in the primary activity. Selling goods is retail whereas providing food and drink services is hospitality. From what I understand, the core hospitality operations—serving meals and drinks, and providing accommodation—are not generally covered under the definition of a retail outlet. If I am wrong and Clause 37 includes cafés, bars and restaurants, then I am content that there is no problem. However, if it does not, we have a gaping hole in the law and my amendment is essential to plug it. If I am right that those are not covered, I hope the Minister will bring forward a little amendment to ensure that those workers get the same protection as workers in retail shops.
Lord Hannett of Everton (Lab)
My Lords, I am pleased to contribute to this debate. In fact, some months ago, I introduced a debate on retail crime. I think it is fair to say that there was support across the House—why would there not be? The noble Baroness, Lady Neville-Rolfe, made the point that, to some extent, this was never an adversarial debate between employers and the trade union. It is a good example of where we come together for a common cause.
In historical terms, I should say that, in 2003, USDAW, which has been referred to, introduced its Freedom From Fear campaign. It sounds very dramatic, but it was born out of necessity. Too many retail workers were being verbally and physically abused. In some ways it had become normalised. It was an acknowledgement that, on too many occasions, people working in retail were abused. This campaign has run since 2003 and has resulted in this stand-alone offence being accepted.
I congratulate the Minister, not just because he had the enlightened view to become a member of USDAW, which I should acknowledge, but because of his commitment to retail workers and to understanding the implications of being verbally and physically abused. We often see the retail store as an environment that, quite rightly, encourages people to come in, and the vast majority of the public do so. In truth, however, over the years, the trend of coming into a store and believing that you can abuse somebody has become normalised. It is not condoned by employers, and certainly not by the trade unions, but the £200 threshold, to some extent, gave licence. Even some of the perpetrators would say, “Don’t worry, if it’s less than £200 there’ll be no action taken”.
Retail workers, of whom there are just under 3 million, do an exceptional job; reference was made to the pandemic. Abuse can never be a part of the job. It is a fundamental right to be able to go to work safe and come home safe. That is why I congratulate the Government and the Minister on their commitment to this matter. I could read out lots of statistics about the effects of retail crime; I will not do so. However, I draw noble Lords’ attention to the USDAW campaign, to retail crime and to its impact. Everyone has stores within their area. If you talk to shopworkers, you will see that this is very much an evidence-based campaign.
When I talk about statistics, I am not talking about thefts from a store; I am talking about the fact that behind every statistic, there is an individual. Some of those individuals who were physically abused never went back to the workplace. Having been abused two or three times, they did not have the confidence to return. That is a shame. Maybe it reflects the way society has gone, as we have referred to.
I welcome this stand-alone offence, and I do not want to detract from it. It is 22 years, at least, in the making. A lot of effort has gone in. I am proud of the fact that this Government have understood it and have done it, although I have to say to the Minister that the question of where the Act will stop has been referred to in respect of this offence. I am proud that this offence has been accepted, because it matters. I say to my noble friend the Minister that USDAW wants me to send a big thanks for the effort that has gone in to achieve this outcome.
However, I want to make a request of the Minister; I hope that he will consider it favourably. I would like to meet him to consider some of the implications of the further reach of retail offences. I would like that meeting to be with my general secretary, Joanne Thomas, and maybe people from the Home Office. I make that request on a without prejudice basis, but it would give me the opportunity to express some further considerations and concerns that have been raised in this House.
I will leave it at that but express my support for the work that has been done on this Bill. Hopefully, when this Bill takes effect with the stand-alone offence, USDAW members will feel now that it has been accepted.
Lord Blencathra (Con)
I agree entirely with the noble Lord. This is slightly extraneous to the amendment but, wearing his USDAW hat, will he please campaign against automatic tills, which we helpless disabled people find absolutely appalling? Will he commend shops such as Booths in the north of England, which has absolutely refused to have automatic tills and insist on having tellers at every one? It is a wonderful way to shop.
Lord Hannett of Everton (Lab)
We can have a conversation about that at some stage. I thank the noble Lord.
Lord Hanson of Flint (Lab)
We will reflect on that. It is a helpful suggestion, if colleagues are happy to have a joint meeting. I would also like to involve the Policing Minister, who has an interest in this matter as a whole.
I want to place on record my thanks to the noble Baroness, Lady Neville-Rolfe, and my noble friend Lord Hannett of Everton. They have campaigned very strongly as representatives of the supermarkets, in this case Tesco, and the workforce. My noble friend has campaigned for many years on this issue. Freedom from Fear is a campaign that Paddy Lillis, the previous general secretary, Joanne Thomas, the current general secretary, and my noble friend Lord Hannett of Everton, the general secretary before Paddy Lillis, worked on for a long time. It has been brought to them by members of the union as an important issue. It is worth putting that on record, and we can examine how we organise the discussion and consultation in due course.
Assault on anyone, including delivery drivers and transport staff, is wholly unacceptable. Everyone should be protected from assault. Under the Criminal Justice Act 1988, common assault has a maximum sentence of six months in prison and the Offences Against the Person Act 1861 covers serious violence, grievous bodily harm and actual bodily harm.
I come back to the reason why I have campaigned on this issue for many years. Retail workers have been at the forefront of upholding much of the legislation. They uphold legislation on solvent abuse sales, tobacco sales, knife sales, drink sales and a range of other issues. They are also very much the first port of call on shop theft and the issues that the noble Baroness mentioned. USDAW figures show that 10% of staff have reported a physical attack on them in the last year alone; that seems to me to be a very strong reason why the Government have brought forward this amendment. There is a wealth of evidence to back the position that there is a significant problem specific to retail workers because of the nature of that work.
Clauses 37 and 38 provide for the bespoke offence of assaulting a retail worker. They also place a duty on the courts when sentencing an offender to make a criminal behaviour order; shop theft may often be linked to drug and alcohol abuse issues as a whole. Our definition of a retail worker is intentionally narrow, given the vital need to provide legal clarity and ensure there is no ambiguity for courts in identifying whether an individual is a retail worker when impacted by their job.
The noble Lord, Lord Blencathra, mentioned the hospitality sector. This sector is specifically excluded, but if he looks at the definition of retail premises in Clause 37(3), he can see that it would be open to a judge to determine what might be included. For example, cafes might have stalls inside the shop, so that could be potentially defined as a retail premise as well. There is no specific offence, and I would not wish to extend it to the hospitality sector, but a judge could potentially interpret some aspects of hospitality being within the retail sector under Clause 37(3).
Lord Blencathra (Con)
I think the Minister’s remarks make quite a telling case. In particular, I was struck by the point that retail workers, because of the things they sell—cigarettes and tobacco—are more on the front line than people serving chicken nuggets, or whatever. I accept that there is a very good point that the retail sector needs to be guarded specifically, possibly differently from the hospitality sector. I shall look carefully at what he said.
Lord Hanson of Flint (Lab)
Delivery drivers cover a wide range of sectors and roles and therefore including them could potentially cause an issue with definition and therefore with the courts using the legislation. Again, my noble friend and the noble Baronesses, Lady Stowell of Beeston and Lady Neville-Rolfe, have put that case. I am happy to meet them, and we can examine and discuss and hear what they have to say outside the Committee.
With regard to public-facing workers, which the noble Baroness, Lady Stowell, also mentioned, the previous Government—again to their credit—introduced a statutory aggravating factor for assault against any public-facing worker via Section 156 of the Police, Crime, Sentencing and Courts Act 2022. I am advised that that would include, for example, train staff, and the aggravating factor would apply in assault cases when an offence is committed against those providing a public service, performing a public duty, or providing a service to the public. There may be areas of definition, but I hope that the issue that the noble Baroness has raised ensures that the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence and will send a clear message that violence and abuse towards any public-facing worker will not be tolerated.
Baroness Levitt (Lab)
My Lords, I am grateful to the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Neville-Rolfe, for tabling Amendments 215 and 216 respectively. I have great respect for both the noble Lord and the noble Baroness. The noble Baroness’s background means that she knows more than most about the corrosive experience of shoplifting and the effect it can have on those working in the retail industry. The noble Lord’s distinguished career as a police officer gives him great authority to speak about the challenges to police forces and their obligations to society that they should be fulfilling. I reassure both the noble Lord and the noble Baroness that we are all on the same side on this. This is one of these situations where I am very keen to work with Members from all sides of your Lordships’ Committee to ensure that we deal with this social and economic menace efficiently and effectively.
On Amendment 215, I will repeat what I said a few moments ago: this Government take repeat and prolific offending extremely seriously. However, sentencing in individual cases must be a matter for our independent judiciary, and it must take into account all the circumstances of the offence and the offender, as well as the statutory purposes of sentencing. Your Lordships will, of course, be aware that the courts have a broad range of sentencing powers to deal effectively and appropriately with offenders.
As some of your Lordships may be aware, until relatively recently I was a judge in the Crown Court, and I sentenced my fair share of shoplifters. There was a complete spectrum of those offenders, from the destitute, homeless young mother stealing nappies for her baby at one end to the shameless, organised shoplifting gangs who terrify and terrorise shop workers. As the sentencing judge, there was a toolbox of disposals of increasing seriousness available to me, so that I could match the appropriate sentence to the offender on a case-by-case basis. These included discharges, fines, community sentences, suspended sentences with requirements and custodial sentences where appropriate.
Previous convictions are already a statutory aggravating factor, with the sentencing guidelines making it clear that, when determining the sentence, sentencers must consider the nature and relevance of previous convictions and the time elapsed since the previous conviction. But that repeats what is, in fact, common sense and what every sentencer knows. From my own experience, I can tell the Committee that the more frequently a defendant appears before the court, having gone out and done exactly the same thing that he or she had just been sentenced for, the more exasperated the judge becomes, who then starts imposing tougher and tougher sentences.
Despite the popular caricatures, judges do live in the real world. While sentencing a shoplifter to prison as a standard proposition will seem harsh, it can and does happen if the court concludes that there is no other way of stopping them. Importantly, this Government will introduce a whole range of options that will ramp up the community and suspended sentence powers for judges. In other words, the toolbox is getting fancier and more extensive.
As the noble Lord, Lord Davies, has said, sentencers are already able to impose a robust range of electronic monitoring requirements on anyone serving their sentence in the community. Where the court imposes curfews, exclusion zones and/or an alcohol ban, offenders must be electronically monitored, subject to individual suitability. I note the concerns of the noble Baroness, Lady Doocey, about the effect on police resources. However, quite a lot of the monitoring is done by the Probation Service. As the noble Baroness is probably aware, the Government are putting a lot of additional resources back into the Probation Service to enable it to do this.
Soon judges will be able to add driving bans and bans on offenders attending pubs, bars, clubs and desirable social activities like sports and concerts, as well as some tough new geographical restriction zones, to the existing tools.
Lord Blencathra (Con)
I love that the Minister said that judges will be able to do that. Will she use the new powers, which I think the Attorney-General is taking, to overrule the Sentencing Council if it tries to dilute those powers?
Baroness Levitt (Lab)
This is probably not the moment for me to embark on that one. This, of course, is simply about agreeing with the Sentencing Council’s guidelines in individual cases, not overriding them. I am confident that agreement will be reached, but, with respect to the noble Lord, Lord Blencathra, perhaps that is one I will deal with another day.
We are also about to expand the intensive supervision courts to deal with the root causes of these crimes by making repeat offenders come back in front of the same judge on regular occasions to see how they are doing. That is what is going to be available to judges.
Let us look at the other side of the coin for a moment. Many shoplifters have complicated backgrounds and complex needs, and sometimes electronic monitoring may not be an appropriate requirement to add to an offender’s sentence, even if this is their third or more offence. Many prolific offenders are homeless and lead chaotic lives. Even getting them to turn up to court on time can be a significant challenge. Imposing an electronic monitoring requirement in some of these cases would be setting the defendant up to fail instead of helping to improve the outcome for the perpetrators and victims of crime and the public at large. It is all entirely case specific, and the judge is the right person to make that decision.
I am proud of our judiciary, which is working hard under very difficult circumstances at the moment, and I am asking noble Lords to trust our magnificent judges, because they do understand the problems that repeat shoplifting can cause and they understand the powers available to them to sentence individual offenders appropriately. This measure would put unnecessary constraints on them and make an already difficult job harder. I can also assure noble Lords that we are continuing to work with cross-government partners and police forces to consider new ways of targeting and tackling persistent and prolific offenders.