Lord Hendy
Main Page: Lord Hendy (Labour - Life peer)Department Debates - View all Lord Hendy's debates with the Home Office
(1 day, 21 hours ago)
Lords ChamberMy Lords, I beg to move Amendment 359 and will also speak to Amendment 361, both of which are in my name. I am hugely grateful to my co-signatories, the noble Lords, Lord Hendy and Lord Hogan-Howe, and my noble friend Lady Harding, and I thank them for their support. I am also grateful to the Minister for meeting me and his noble friend Lord Hendy. I am only sorry that at that meeting we were unable to persuade him of our case, and I hope I can do a better job tonight.
My amendments replicate Clauses 38 and 39, which introduce a new stand-alone offence of assault against retail workers, but simply expand that offence to include all public-facing workers. I am bringing these amendments forward because the Government’s decision to make the new stand-alone offence exclusively for retail workers is based on arbitrary factors that make little sense, risks making matters worse for employers and employees alike and does not help address the cause of increased violence and disorder in public places and spaces, which causes us all so much angst. In a moment I will explain briefly how my amendments help to address the latter, but let me start with what is wrong with the Government’s approach and how my amendments can help put it right.
As we all know, the crime of assault applies equally to anyone who is a victim of it. No one is not covered by existing law. But four years ago, we introduced an aggravated offence of assault against all public-facing workers via the Police, Crime, Sentencing and Courts Act because violence and threats of violence to workers across all industries—retail, transport, hospitality, finance and more—were rising at a worrying rate. Now this Government argue that they are introducing a new crime of assault against only retail workers because violent abuse in shops continues to rise and because those workers are charged with upholding retail laws such as those involving age verification.
Of course it is horrific that some retail workers experience violence at work. They do not deserve that, and we all want it to stop. That is why I support Clauses 38 and 39. But other public-facing workers are experiencing increasing violence too. Many of these workers are also responsible for upholding laws and are required to take action when a member of the public flouts them, which they increasingly do. The most obvious example is transport workers and the scourge of fare dodging, but bar staff also routinely need to seek age verification.
The Institute of Customer Service—I declare my interest as the vice-chair of the All-Party Parliamentary Group on Customer Service—has been tracking abuse against all public-facing workers for almost six years. Its most recent survey data from 15,000 responses shows that 42% of customer-facing workers experienced abuse in the preceding six months.
The problem that the Government have highlighted as one they need to fix is not affecting retail workers exclusively. Indeed, some of the worst cases of violence in a public place are against utility workers doing essential work on streets. Yet the Government’s approach even excludes those who work in bank branches, post offices and other outlets on high streets or in retail parks. What makes matters worse is that those workers fear they will not be treated equally if they are a victim of crime because they will fall outside the definition of a retail worker.
We need good people in these front-line jobs who are doing great work to want to stay in these jobs. But the Government’s arbitrary dividing line means we are in danger of losing them. That is not just bad for those workers: it is bad for customers, and it is bad for business. Sick leave associated with abuse and violence experienced at work is estimated to cost the economy at least £1 billion every year.
I must say at this point that we must not lose sight that, thankfully, most public-facing workers are not at risk of assault. Indeed, it is really important to make clear that customers are not the enemy, and we must not create an environment where, even unintentionally, they are made to feel like they are. We do not need more signs telling us not to be rude or abusive, but we do need a new approach. Alongside a better response from the police when crimes do occur, if we are to prevent violence against workers and any criminal conduct in public places becoming normalised, we must work together to discourage low-level disorder and disrespect for shared services and public property when we see signs of it taking root on our high streets, public transport or anywhere else. But that requires leadership from the people in charge of those public spaces and places. Most often, they are not the workers who are the highest paid.
It is not easy to uphold the shared standards and social norms that keep public spaces safe and orderly for everyone’s benefit, which is why those who are out there at work every day upholding the law and doing their best to maintain the common bonds that underpin a strong society do not just deserve our thanks: they need our strong backing for the leadership they are expected to give—and we need them to give—if we are to tackle disorder, which blights our communities. That is what my amendments seek to provide.
Excluding some workers from the cover of this new stand-alone offence risks disincentivising those excluded at a time when we need them most. Business leaders, workers and the wider public support these amendments. I hope that the members of unions and the former leaders of unions who occupy the Benches opposite will also support them. I hope the Minister accepts them. If he does not, I will seek to divide the House. I beg to move.
My Lords, I am pleased to support Amendments 359 and 361 in the name of the noble Baroness, Lady Stowell of Beeston. On the basis of those amendments, I will not advance the amendment I proposed in Committee for a stand-alone offence for transport workers. My amendment sought to give transport workers equivalent protection to that to be extended to retail workers by the Government in Clauses 38 and 39, but the noble Baroness’s amendments cover transport workers, retail workers and, as she mentioned, many more categories of workers who face the public and are exposed to the risk of violent attack by individuals apparently aggrieved by a worker doing what he or she is paid to do.
In proposing these more widely drafted amendments, there is no intention to diminish the coverage the Government are already offering retail workers. If there is some perceived shortfall in the scope of our amendments compared with that of Clauses 38 and 39 for retail workers, I for one would be very happy if the Government instructed parliamentary counsel to close that gap in drafting.
I thank my noble friend the Minister for meeting with the noble Baroness, Lady Stowell, and me to discuss the amendments, notwithstanding that, as she says, he was not persuaded by us. With respect, I am likewise not persuaded by my noble friend’s justification for restricting the scope of the offence under discussion to retail workers only. The commitment given in the Labour manifesto would be equally fulfilled by adoption of our amendments in place of Clauses 38 and 39. Retail workers would have, and must still have, their manifesto protection. In any event, though it may result in duplication, our amendments do not involve a request to remove Clauses 38 and 39. That is not their purpose.
As to the argument that the wider amendment is not necessary, I point out that even if that were legally correct, the adoption of Clauses 38 and 39 and the rejection of the wider amendment put forward by the noble Baroness, Lady Stowell, sends a particular message both to the workers in question and the public, as she pointed out. She mentioned violence against various categories of public-facing workers, and I gave figures for violence against transport workers at an earlier stage of the debate. I will not repeat those, but the House should know that the situation is getting worse. For example, British Transport Police figures for the period April to November 2025 showed a 21% increase in incidents involving violence against staff compared to the previous year, which itself showed a similar increase on the year before that. The stabbings at Huntingdon in November 2025 bring the point home.