Crime and Policing Bill

Lord Garnier Excerpts

Thursday 15th January 2026 Lords Chamber

These are probing amendments that meet the challenge delivered to Parliament by the independent reviewer. They ask a fundamental question: in our rush for operational convenience, are we prepared to declare, in effect, that privacy is dead? We must ensure that these intrusive techniques are attended by safeguards that reflect the severity of the privacy breach involved.

[Lord Garnier (Con)]

My Lords, I intervene briefly because the noble Lords, Lord Anderson and Lord Clement-Jones, have set out with great clarity the thinking behind their two amendments, and I am very convinced by them. I am convinced by them particularly because this applies to without-suspicion seizure, which is, from my point of view, the nub of the argument that they have deployed. Although they have said on a number of occasions that these are probing amendments, they go deep into the heart of our constitutional arrangements. I need to say no more than that I hope that the Government when they come to respond to the noble Lords do so with a very probing response, because these arguments bear considerable scrutiny. From my experience of both noble Lords on the Government Front Bench, I know that they will give these amendments the due attention that they require and indeed that I would hope this Committee demands.

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[Lord Faulkner of Worcester (Lab)]

My Lords, I congratulate the noble Earl, Lord Attlee, on tabling these important amendments, on working so hard on this clause over many years and on speaking so persuasively about it tonight. I have added my name to Amendment 413, as has his noble friend, the noble Lord, Lord Parkinson of Whitley Bay, who unfortunately cannot be here today.

A sector that makes particular use of abnormal load road movements is that of our heritage railways. I remind the Committee of my interest as president of the Heritage Railway Association. The movement of most heritage rolling stock between railways, whether historic steam or diesel locomotives or vintage carriages, is undertaken by road on low-loaders. Most commonly, this takes place in connection with gala events featuring visiting locomotives, but it also occurs when items of rolling stock are transported for specialist maintenance or overhaul.

Such road movements, classified as abnormal loads, are undertaken by specialist haulage contractors, sometimes accompanied by an escort vehicle. A number of police forces, though not all, as the noble Earl explained, but particularly the Staffordshire, West Midlands and West Yorkshire forces, now make charges for escorting abnormal loads within their constabulary area. These are typically between £2,500 and £5,000 per trip, but they can be higher and exceed the haulier’s charges, with some charges in excess of £7,000. Charges are also levied in Derbyshire, Greater Manchester, South Yorkshire and parts of Scotland. This is seriously disrupting the business activities of heritage railways and adding significantly to their costs in an already challenging economic and business climate.

The reasons for the escort charges do not appear to have ever been explained and there is widespread inconsistency, with some forces making charges and others not. Most determine whether a police escort is required based on weight—say, a gross weight of 80 to 100-plus tonnes—though some determine it on length: for example, 28 metres from the front to the rear of a lorry. Crucially, no national policy or framework regulates how or when police forces may charge for escorting or authorising these essential movements. This inconsistency results in these arbitrary and often excessive fees in certain police force areas. In some cases, an escort is required only for a few miles to a county boundary, with the rest of the journey then being unescorted. To avoid charges, some hauliers are now having to take massive detours around a police force area, which of course adds mileage and cost, and increases the negative environmental impact.

The National Police Chiefs’ Council has issued guidance that, while intended to provide consistency and clarification, still leaves decisions on the provision of escorts and charging to individual forces, as police forces are autonomous bodies. Several heritage railways and their haulage contractors have written to those police forces that make charges, but no changes to their charging regimes have been forthcoming. I could quote many examples but, given the lateness of the hour, I do not intend to mention more than one.

This is evidence from Noel Hartley, the operations manager of the Keighley & Worth Valley Railway. He says:

“The KWVR is suffering significantly from movements out of Ingrow—


that is the intermediate station on the line—

“in West Yorkshire and is deciding not to run certain events or we are no longer able to make enthusiast events a gold standard because we simply can’t justify the charges … For a return movement of a visiting loco it’s nearly costing five and a half thousand pounds on top of the movement costs. For an event with gross revenue of £80 or £90,000 it just isn’t feasible to stand these sort of costs which can wipe out a significant amount of the profit … In addition to the facts of police charges, the hauliers are trying to mitigate the costs of charges by avoiding the routes where they are charging—

which I referred to a moment ago. He continues:

“This means that some lorries can be diverted up to 100 miles to avoid these areas. This means that the police charges are avoided but there is still an impact on costs due to additional fuel required”.

West Midlands Police, about which we have heard a lot from the noble Earl, Lord Attlee—and a force which is much in the news this week for other reasons—is the main culprit, which hauliers avoid, because it charges for escorts on so-called straight-line routes.

Mr Hartley points out that the areas particularly affected are railways in West Yorkshire and the Midlands —that includes Kidderminster, Burton, Ecclesbourne and Chesterfield—but south Wales and east Lancashire are also affected by having to make huge detours to avoid travelling within the territory of the least helpful and most expensive police forces.

The lengths to which hauliers are having to go to in order to avoid charges mean that there is an impact on the amount of emissions produced from road transport. This could be avoided; it amounts to thousands of additional and unnecessary miles per year.

At a time when the heritage railway sector is struggling with increases in costs, not only from general utility increases and staff costs—plus the tripling of the cost of coal—these police escort charges are compounding the problem and sometimes making it impossible for railways to provide that unique visitor experience for which our country is admired all over the world.

Overall, these excessive and inconsistent charges create uncertainty, delays and significant financial pressure for heritage railways, which, as I have said many times in your Lordships’ House, are a key part of the UK’s visitor economy and in many cases are the primary, anchor tourist attractions within their areas, generating significant economic and employment benefits for their regions. I congratulate the noble Earl, and I support his amendment.

[Lord Garnier (Con)]

My Lords, I want to speak briefly to the amendment that my noble friend Lord Attlee spent about 15 seconds talking about; that is, his Amendment 414. At the outset of his remarks, I was worried that he might be positively going to support his own amendment, but he very quickly said that he hoped that the Minister would not accept it, and so do I.

If one looks at the draft of Amendment 414, one sees that it is designed to allow chief officers of police to set and vary any fee payable for shotguns and firearms. It is not quite clear from the draft of the proposed new clause whether this would, if enacted, cover just England and Wales, or whether it would cover England, Wales, Scotland and Northern Ireland. If the latter, that would be 45 separate chief officers of police who may well decide to set separate fees for each of the 45 police territorial areas; if it is only England and Wales, there would be 43, and that is bad enough.

I declare an interest as a holder of a shotgun certificate. While I admire, in every possible way, the chief constable of my own police area, I do not wish him to have the ability to set the level of the firearm certificate fee. It is a tax, and if it is not a tax, it is a fee that should be set by one person who is accountable to Parliament; namely, the Secretary of State. I think I need to say no more, not least because my noble friend Lord Attlee encouraged me greatly by saying precisely very little about the amendment himself.

[Earl Attlee (Con)]

My Lords, the only purpose of Amendment 414 is to stop the Minister saying it is an operational matter for the police. If police charges for abnormal load escorts are operational matters for the police, surely firearms licensing charges are. We have been screwing down the cost of a firearms certificate, which means that police forces are not able to do as good a job as they would like. The cost of a firearms certificate is less than the cost of the visit to the dentist.