Lord Katz
Main Page: Lord Katz (Labour - Life peer)Department Debates - View all Lord Katz's debates with the Home Office
(1 day, 7 hours ago)
Lords ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord in Waiting/Government Whip (Lord Katz) (Lab)
My Lords, I am grateful to all who have contributed to this short but focused and important debate on the amendments tabled by the noble Lord, Lord Leigh of Hurley, which seek to extend the power for police to restrict protests near places of worship to cover faith schools and faith community centres. The amendments were spoken to by the noble Lord, Lord Leigh of Hurley, and supported by the noble Lords, Lord Hogan-Howe, Lord Marks and Lord Massey of Hampstead, and from the opposition Front Bench by the noble Lord, Lord Cameron.
I acknowledge the wider societal problem that the noble Lord, Lord Leigh of Hurley, powerfully described in moving the amendment. I think it is fair to say that he acknowledged the need for Clause 124 and hence its inclusion in the Bill. We are as government very aware of the problem. In the discussion on the previous mega group of amendments on public order on Tuesday evening, there were some assertions by noble Lord that synagogues are not impacted by marches or protests. I neglected to say it at that time, but this is an opportunity for me to say from the Dispatch Box that that is clearly not the case. We know that there are synagogues in central London that have been directly impacted by marches. They have had to change their service times and have had their normal pattern of worship disrupted by those marches. It is clear proof that, in respect of the Jewish community over the last couple of years at least, we need the provisions of Clause 124.
Before I move on to the amendments, I hope that, in responding to those in Israel and the US who raised with him whether it is safe for Jews to live in Britain and to be in Britain, the noble Lord, Lord Leigh, provided them reassurance that this is still one of the best places to be Jewish. We have fantastic values of tolerance and a liberal approach to enjoying any lifestyle that you wish and any religion that you wish to follow. As a British Jew, I am certainly very happy still, despite the concerns that we are discussing, to say that Britain is a great place to be a Jewish person. I hope that he responded in a similar manner.
On the amendments, under Sections 12 and 14 of the Public Order Act 1986, the police must have a reasonable belief that a public procession or assembly may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or that the purpose of those organising the protest is the intimidation of others. The police must have a similar reasonable belief under Section 14ZA in respect to noise generated by a one-person protest.
Clause 124 will strengthen the police’s ability to manage intimidatory protests near places of worship by allowing them to impose conditions on a public procession, public assembly or one-person protest, specifically if they have a reasonable belief that the protests may result in intimidation and deter those seeking to access places of worship for the purpose of carrying out religious activities or conducting religious activities there.
Clause 124 does not define places of worship, which means that, where community centres may be used as a place of worship, there is flexibility for the police to consider using this measure and imposing conditions if appropriate. We believe this is a proportionate approach, because it allows the police to exercise their independent operational judgment rather than being constrained by prescriptive lists in legislation. Non-statutory guidance from the College of Policing will assist in clarifying marginal cases without removing the police’s discretion.
I appreciate the point that the noble Lord, Lord Leigh, made—and has made in previous debates—on police discretion. To respond to him directly, I am of course very happy to meet him with department officials to discuss this as we move through Committee and before we get to Report. That offer is open to him and to other noble Lords who would care to discuss the issue.
Regarding faith schools, as the noble Lord, Lord Marks, said, there is particular sensitivity around schools because it involves young people. I declare an interest; I have two daughters who attend a Jewish faith school. It is incredibly concerning that they could be exposed to this in the manner of going to school and that the most normal everyday activity that a child or young person undertakes could be so disrupted. We very much share his concern, and his concern that it is not simply about Jewish faith schools; we are talking about all manner of faith schools, particularly, as the noble Lord, Lord Marks, pointed out, Muslim schools—they are very much at the cutting edge as a very visible place in a community where protests could be mounted and could be a focus for local community opposition or aggression, which is why we need to be careful about it. However, the Police, Crime, Sentencing and Courts Act 2022 gave local authorities the power to make expedited public space protection orders which protect those attending schools from intimidation, harassment or impeded access in the course of a protest or demonstration. Combined with the wide range of powers the police already have to address intimidation and harassment, these amendments would, I submit to your Lordship’s Committee, unnecessarily duplicate existing law.
Given that, I hope—although I am realistic—that I might have been able to reassure the noble Lord, Lord Leigh, a little. I hope that, taking an account of the offer of a meeting and further discussion on the points that his amendments raise, he would agree that his amendments are not necessary and, at least for the time being, that he will not press them.
Lord Leigh of Hurley (Con)
I thank the noble Lord, Lord Hogan-Howe, for his contribution. I was tempted to add restaurants to the amendment, but I had already tabled it. I have instead just made a booking there. Members of the House of Lords are welcome to join me to support the restaurant.
I thank my riparian neighbour, down the river at Henley-on-Thames from Hurley, for his most welcome contribution. Of course, I thank my noble friends Lord Massey and Lord Cameron.
I assure the noble Lord, Lord Katz, that I told everyone who made that comment to me that the UK was a very safe space for Israeli citizens to come and visit. However, it really was a concern that was expressed to me, quite shockingly. I assure him that I am totally in agreement with him on that.
I would argue that community centres could not be defined as places of worship. The JW3 centre specifically, as the noble Lord knows, could not be described as such, so it would not come within that definition. However, I can see that he is sympathetic and understanding, and I am very grateful for that. I am grateful to the Government for putting in Clause 124. Clearly, the 2022 Act was not sufficient, which is why they had to put in Clause 124, so perhaps there is a discussion to be had. I am grateful for his agreement to do that. On that basis, I beg leave to withdraw my amendment.
Baroness Fox of Buckley (Non-Afl)
Before the noble Baroness finishes, I did not want to interrupt what I thought was a very helpful contribution that laid out the kind of dilemmas that we face, but I will just ask for a couple of points of clarification to see where we might agree or disagree. In relation to John Stuart Mill’s harm principle, does she recognise that the concept of harm has now become so broad—in terms of psychological harm, for example—that it has become possible to say that any speech is harmful, and that this has led to the mess that we are in? There is physical harm, as opposed to, “I think that speech is harmful”. Anytime I have been cancelled from speaking, it was on the basis that I would cause harm to the students or pupils. It is a concept of me turning up with a baseball bat, about to do some harm to them, whereas actually they were anticipating, ahead of me speaking on issues usually related to free speech, that I would harm them psychologically and they would be damaged. Is that not a problem for legislators in the context of this amendment? Secondly—
Lord Katz (Lab)
I remind the noble Baroness that while she is able to ask questions for clarification, interventions are meant to be brief and I urge some brevity, given the progress we have made in Committee so far this afternoon.
Baroness Fox of Buckley (Non-Afl)
I will ask this very briefly, then. Is there a problem that young people and the police do not appear to be able to distinguish between microaggressions and genocide? Is it one line?
Lord Moynihan of Chelsea (Con)
I thank the noble Baroness for that explanation. She clearly demarcated our difference in view as to where the line should be drawn. I suggest to noble Lords that it is important to draw the line at the threat of imminent violence. That has been a principle in the past, but it has been breached by recent laws and actions by the police.
The noble Lord, Lord Davies, kindly supported this amendment—
Lord Katz (Lab)
I hate to interrupt the noble Lord’s flow, but I thought this an apposite time to point out that Members should normally be brief when pressing or withdrawing an amendment. The Companion is clear that you do not have to respond to all points raised in the debate. We are now over five minutes. I urge the noble Lord to conclude his remarks.
Lord Moynihan of Chelsea (Con)
I remember the noble Lord, Lord Katz, taking almost 30 minutes the night before last when he had a time limit of 20 minutes. His remarks were so interesting that I did not feel like repining. I certainly would have finished by now had there not been interventions.
I thank the noble Lord, Lord Davies, for kindly and eloquently supporting my views and turn finally to the Minister who, although speaking as always in the kindliest way, gave a most disappointing reply. I hope that, after the debate on the next amendment, he might reconsider. I was surprised that he still supported criminalisation of offending feelings after such a comprehensive listing by many speakers of the problems created by that in the various laws. I will talk more on this on the next amendment. In the meantime, and for now, I beg leave to withdraw this amendment.
Lord Clement-Jones (LD)
My Lords, this group addresses the extension of warrantless search powers for electronically tracked stolen goods to the service police, in Clause 129, alongside civilian police, in Clause 128. While we recognise the need for police to tackle high-tech crime, such sweeping powers, particularly warrantless searches, must be meticulously governed to avoid abuse and uphold civil liberties. I have tabled Amendments 386 to 389, which would ensure that robust governance and accountability mechanisms are embedded in these provisions.
Amendment 386 would require the Secretary of State to produce a code of practice for the operation of Clause 129, specifically mandating consultation with civil liberties and human rights organisations and relevant service police bodies. This would ensure due process regarding the authorisation, seizure, retention and disposal of evidence.
Amendment 388 would require the Secretary of State to provide appropriate training for service police personnel on how to exercise these powers proportionately and lawfully.
Amendment 387 would mandate the establishment of an independent mechanism for handling, investigating and reviewing public complaints arising from the exercise of these powers, giving complainants similar statutory rights to victims reporting to the Independent Office for Police Conduct.
Amendment 389 would mandate that the Secretary of State produces an annual report detailing the exercise of these warrantless search powers under Clause 128, ensuring transparency and accountability to Parliament. Further, these new obligations would require the affirmative procedure for their governing regulations, ensuring full parliamentary debate before they are enacted, as sought in Amendments 499 to 501.
We on these Benches are opposed to Amendments 383 to 385 from the noble Lord, Lord Davies, which seek to remove the requirement, as we have heard from the noble Lord, for an officer to even possess electronic tracking data before conducting a warrantless search. By stripping away this technologically justified threshold, these amendments would transform a specific investigative tool into an arbitrary power of entry, undermining the core principle that a person’s home is his castle.
In contrast, Amendments 386 to 389 provide the necessary basis for these intrusive powers to be overseen. Specifically, Amendment 386 mandates a statutory code of practice for the Armed Forces to ensure that their exercise of these powers is necessary, proportionate and strictly compliant with the Human Rights Act. Furthermore, Amendment 387 would establish an independent mechanism for handling public complaints, ensuring that any misuse of power is investigated by a body demonstrably independent of the service police.
Finally, my amendments would require post-implementation reporting to Parliament every 12 months. We must see the data on the demographic profile of those targeted and the subsequent criminal justice outcomes to guard against disproportionate application or mission creep. Without these safeguards, we risk creating a shortcut—as other provisions might do—to a surveillance state, where convenience is prioritised over constitutional protection.
The safeguards that I have proposed in Amendments 386 to 389 regarding service police are only as strong as the parliamentary scrutiny that would underpin them. We must ensure that these powers are exercised with not just efficiency but a regular check of parliamentary accountability.
Lord Katz (Lab)
My Lords, this group of amendments addresses Clauses 128 and 129 granting new powers to the police to enter premises to search for and seize stolen items that can be electronically tracked there, without the need to first apply to a court for a warrant. I welcome the welcome given to these new clauses by the noble Lord, Lord Davies of Gower, on behalf of the Opposition.
These new powers are intended, as he said, to be exercised where a stolen item is electronically tracked to a specific location. This is in direct response to public concern that the police are not able to act swiftly in response to crimes such as mobile phone theft, even when victims have clear, real-time electronic evidence of the phone’s location. It will reduce the risk that stolen goods are quickly moved on or used to facilitate other crime. I suggest to the Committee that the main benefit of these clauses is ensuring that mobile phone theft is addressed and combated.
The noble Lord, Lord Moynihan of Chelsea, is no longer in his place, but when speaking to an earlier group he suggested that there is an impression that the police do not prioritise criminal behaviour such as mobile phone theft but instead concentrate on other issues, which I will not go into. I suggest that the police being able to more quickly and effectively tackle very common criminal behaviour such as mobile phone theft would also very much enhance the reputation of the police. As the noble Lord, Lord Moynihan of Chelsea, said, it is sometimes at risk of being downplayed.
I will first address the amendments tabled by the noble Lord, Lord Davies of Gower. Amendments 383 to 385 would remove the requirement in Clause 128 that the power may be exercised by police only in relation to stolen goods electronically tracked to specified premises. They would also remove the condition that before the use of power is authorised by a senior police officer, he or she must be satisfied that there is electronic tracking data linking the stolen item and a specific premises. These amendments would significantly broaden the scope of the proposed powers and remove important safeguards.
Powers of entry are inherently intrusive, and there is a balance to be struck between ensuring that the police can act quickly and decisively against thieves, and retrieve victims’ stolen property, and safeguarding the right to a private and family life. The noble Lord, Lord Clement-Jones, put it very well when he referred to it as a technically justified threshold. I contend to the Committee that people generally accept the need for warrants to be used in detecting stolen goods, but some devices can be tracked electronically in real time. The police turn around and say, “We can’t do anything about this because we have to go and get a warrant”, but you can point to the address where you know that phone is and you know that, if the police do not act quickly, there is a good chance that phone will be moved out of the country. It is only right that we use that as an apposite threshold to introduce these powers, rather than saying that they should be used for any stolen good of whatever nature, where there is no electronic tracking data involved. It will do much to improve confidence in the police in catching up with the 21st century and current technology, but we do not see the need to go further.
The requirement for electronic tracking data linking at least one stolen item to the premises before powers can be exercised provides a further layer of reliability in their use, while ensuring, as I said, that the police can act swiftly when they need to. I say again that removing these requirements would dilute the safeguards intended to ensure that police officers use these powers lawfully, proportionately and only in specific circumstances.
That brings me neatly to Amendments 386 to 389 tabled by the noble Lord, Lord Clement-Jones. I commend his intent to ensure that there is strong accountability, independent oversight and scrutiny of the use of these powers. As I have said, the Government recognise that these new powers are intrusive by their nature, particularly as they can be exercised by officers without them first needing to seek authorisation from a court by obtaining a search warrant. We have, accordingly, built in appropriate safeguards to ensure that the new powers are used appropriately and within well-established independent oversight and scrutiny mechanisms.
Amendment 386 would require the Secretary of State to issue a statutory code of practice to which the service police must have regard when exercising the new powers. I stress to the noble Lord, Lord Clement-Jones, that these new powers will be subject to the relevant provisions in the Police and Criminal Evidence Act 1984 and its codes of practice. The Government will amend PACE Code B, and Code B of the service police codes of practice, to reflect the new powers, providing clear and detailed guidance around their use for both territorial and service police. These revisions to the codes will be completed before the powers are commenced. This will provide robust statutory guidance to police and will be complemented by the College of Policing’s authorised professional practice.
Amendment 387 would require the creation of an independent oversight mechanism to investigate public complaints about the use of these powers by service police. Any complaints about their use by territorial police would be addressed in the normal way through internal police complaints procedures and referrals to the Independent Office for Police Conduct, where required.
The service police are the focus of the noble Lord’s amendment, and any complaints would be dealt with under the complaints system for service police. As set out in the Service Police (Complaints etc.) Regulations 2023, this is overseen by the Service Police Complaints Commissioner, whose role is similar to that of the IOPC. The commissioner is independent of the service police and the MoD, and has a statutory duty to secure, maintain and review arrangements for procedures that deal with complaints and conduct. They deal with the most serious complaints and set the standard by which service police should handle complaints. The Service Police Complaints Commissioner has the same powers as the service police where it has been determined that they will carry out an investigation, and they can also determine that a complaint can be reinvestigated, if they are satisfied that there are compelling reasons to do so.
Amendment 388 would require service police to undertake training before they could exercise the new powers. All members of the service police undergo training that addresses each element set out in the noble Lord’s amendment, including on the legal requirements and limitations of search and seizure powers, proportionality, maintenance of clear records and compliance with Article 8 of the ECHR and the Human Rights Act 1998. Service police trainees are tested on arrest, entry, search and seizure before they can exercise these powers. Training is updated in response to any change in legislation that would affect service police officers’ exercise of their powers. Specifically, training will be updated in light of the new powers in this Bill.
Earl Attlee (Con)
My Lords, the bad news is that not all service personnel are absolute angels: it could be one junior soldier stealing a mobile phone from another junior serviceman. These arrangements are very sensible, and I agree with everything that the Minister has had to say. My only question for him, while I am on my feet, is this: is there any evidence that the service police make mistakes on the procedures when they are exercising their powers? I am not aware of any problem.
Lord Katz (Lab)
I will take the last one first. I am not sure there is any evidence; I would have to look into that. To answer the more substantive intervention by the noble Lord, Lord Clement-Jones, as to why service police need the powers to deal with electronically tracked stolen goods, while service police deal with crime in the defence context, it is important that they are equipped to respond effectively to current and future trends in criminal behaviour. Obviously, the provisions in the Bill help to ensure that service police can respond with lawful, fair and proportionate action, now and in the future, to the full spectrum of criminality that threatens the cohesion and operational effectiveness of our Armed Forces. These new powers will give officers more chance of quickly finding and retrieving stolen items that are electronically tracked at premises, and reduce the risk they are lost or moved on. Maybe put it down to an overabundance of caution but also an acknowledgement that crimes that affect and have to be investigated by civilian forces can also affect and be investigated by the Armed Forces.
Lord Clement-Jones (LD)
My Lords, all I will say is that, faced with an abundance of caution—that is to say, if in doubt— “give the police powers” is not an approach that is particularly favoured on these Benches.
Lord Katz (Lab)
That is a point well made and well taken. I add that the powers would, of course, be exercised only within the jurisdiction of the service police, so service police would not suddenly be moving into areas of activity that you would expect the territorial police to be pursuing.
The noble Lord, Lord Clement-Jones, anticipated that I was winding up. I hope that my comments have reassured the noble Lord that the spirit and intention behind his amendments have been incorporated within the proposals in the Bill. In the light of my remarks, I hope that the noble Lord, Lord Davies, will withdraw his amendment.
Lord Davies of Gower (Con)
My Lords, I give thanks to noble Lords who have taken part in this debate. I will reiterate my opening speech by saying that I know we all have the same end goal of arresting criminals and preventing thefts. We may have different roads that we believe to be the best way of arriving at that goal, but I am confident that this debate has taken place in a productive and open-minded manner.
At the risk of repeating myself, phone theft and shoplifting, frequently targeted at electronic stores, are not just epidemics but growing ones. Crime is thriving, businesses are closing, and the public are becoming increasingly anxious. A phone is stolen every seven and a half minutes in our capital city. We cannot simply look on at the situation with the hope that it gets better.
The Government must resolve to adopt the framework from our 2023 Bill, and they must now go further. Amendments 383, 384 and 385 in my name would achieve this. They would remove the requirement that a stolen good be electronically traceable and would permit senior officers to use discretion to search premises without a warrant. These amendments answer a problem that requires immediate action. The Government must get a grip on the theft epidemic. Our measures provide them with one of many necessary solutions, and I hope the Minister takes them away for consideration.
Moving on to the amendments in the name of the noble Lord, Lord Clement-Jones, I largely agree with his principle that the new clause that introduces new powers should be accompanied by checks and balances. Establishing a code of practice, having an independent mechanism for investigating complaints, providing mandatory training for senior officers and requiring an annual report on the use of the powers in question would act to safeguard the heightened powers officers will gain. This especially holds should the Government incorporate our amendments. We trust the judgment of our officers and believe that they will always make the judgment they think best, but I am conscious that we are entrusting them with more intrusive powers. Mechanisms must exist that counteract any tendencies for this power to be misused, and I believe that the noble Lord’s amendments would achieve that. However, for now, I beg leave to withdraw the amendment.
Member's explanatory statement
This amendment, with my other amendments to clause 132, correct references to members of the service police forces.
Lord Davies of Gower (Con)
My Lords, I thank my noble friend Lord Attlee for his long-standing commitment to this very important issue. I would venture to say that there is not another noble Lord in the Committee who cares as deeply as my noble friend does about the topic of abnormal loads.
Amendment 403 seeks to allow the police to authorise an abnormal load driver to break normal traffic rules in order to negotiate the chosen route for the load. Amendment 404 seeks to repeal the power of the police to grant certain police powers to a person escorting an abnormal load. It seems that the original intention of Schedule 5 to the Police Reform Act 2002 was that the police have the powers to direct traffic and permit regulations to be broken where necessary. However, few accreditations have made it, as it would effectively allow a self-escorter not to comply with the rules of the road.
Amendment 403 and 404, taken together, would repeal this problem and offer a more flexible solution. Instead of accreditation, Amendment 403 enables the chief constable to grant a traffic regulation dispensation order to a person escorting an abnormal load. It seems common sense to provide the Secretary of State with the flexibility needed to decide which regulations should be dispensed with. Moreover, the chief constable would have the authority to outline any conditions they consider necessary, such as the number of escort vehicles to be allowed. These amendments are well thought out, and I look forward to the Minister’s response.
Amendment 413 would require the Secretary of State to establish a regulatory framework to manage the fees charged to hauliers by police forces for escorting a vehicle or trailer carrying a load of exceptional dimensions. This amendment has industry support. A regulatory framework will ensure that the fees charged by police forces are consistent among forces across the country. I know that my noble friend has spent much time engaging with industry stakeholders, so I hope the Minister takes his remarks and amendments seriously. I look forward to the Government’s response.
On Amendment 414, I declare myself as an owner of a shotgun. I associate myself completely with the words of my noble and learned friend Lord Garnier. I will leave it there.
I support the principle behind my noble friend’s Amendments 416D and 416M. They are, in essence, clarifying amendments that ensure that the scope of the original measure in question is not used for the abuse of police services for personal gain. The provision of special services is a helpful law that chief officers should be able to draw on with discretion, but the compensation for the use of those services should not come at the expense of the police force’s integrity.
Compensation should ideally be monetary, with, if necessary, the short-term loan of items for specific use, as my noble friend’s amendment lays out, but it should not be equipment for personal use. Similarly, as my noble friend said, it should not be the officers making the decision on the use of special police services who gain financially from overtime payments; it should be those actually working overtime. My noble friend has laid out cases where both these incidents have happened and, once again, we hear of malpractice in the West Midlands Police.
My noble friend is infinitely wiser in his knowledge on this subject than I am, so I will defer to him, but I hope the Minister can address his undoubtedly well-informed points in depth, especially given the questions certain police forces currently face. I once again thank my noble friend for bringing these amendments forward, and I look forward to hearing both his and the Minister’s closing remarks.
Lord Katz (Lab)
My Lords, I welcome the amendments from the noble Earl, Lord Attlee, and his engagement with me and officials from the Home Office and the Department for Transport on abnormal loads. He brings huge—abnormally large, perhaps I should say—expertise to your Lordships’ House on these matters, and certainly expertise that is unique for this House. I thank him for raising his concerns.
It is good to hear from my noble friend Lord Faulkner of Worcester on this, bringing his experience, particularly as it pertains to the operation of heritage railways. Committee on a Bill is not complete, as far as I am concerned, if I have not talked to my noble friend Lord Faulkner about heritage railways. I have done so a few times—at least on the Employment Rights Act, I remember. Obviously, I note with added respect the new status of the noble Earl, Lord Attlee, as a social media influencer, so we should freight his words with even greater import.
On the broader issues raised by these amendments, I am aware that the noble Earl has previously written to the DfT with a report that highlighted specific concerns about the interactions between the West Midlands Police and the heavy haulage industry. He made comments about the chief constable, which are obviously relevant and topical. I think we know what he is talking about, and I will just leave it there; it does not really pertain to the issues in these amendments. That report was appreciated, but it will come as no surprise to the noble Earl—although it may sadden him—that I remind noble Lords that the police are operationally independent from government. Therefore, individual police forces are responsible for making decisions on vehicle escorts based on an assessment of risks to infrastructure and the safety of all road users.
As the noble Earl, Lord Attlee, acknowledged, the majority of police forces are making those decisions using their operational independence in a way that he is very satisfied with. The final decision in each case is for the relevant chief officer in discussion with interested local parties. That is set out in public guidance produced by the Driver and Vehicle Standards Agency, National Highways and the College of Policing. However, I fully recognise the importance of constructive dialogue on these operational matters. In that spirit, the policing Minister and I are pleased to have arranged a further meeting with the noble Earl, Lord Attlee, which I believe is going to happen next week, as he said, along with the national policing lead for abnormal loads, so that these concerns can be discussed in more detail. This would provide an opportunity to ensure that the guidance issued by the National Police Chiefs’ Council is being applied consistently and that any unintended consequences for the heavy haulage industry are perfectly understood.
As a further general observation on these amendments, I reassure the noble Earl that the Government keep the special types general order 2003 under regular review to ensure that it remains fit for purpose and reflects operational needs and legal requirements. Where improvements are necessary, these can be made via an amending order, using existing powers under Section 44 of the Road Traffic Act 1988. This approach ensures that any changes are subject to the established processes for regulatory scrutiny, including impact assessments and public consultation. I hope that that provides the reassurance that the noble Baroness, Lady Pidgeon, sought in her remarks.
In addition, I acknowledge the representations made by the Heavy Transport Association on this matter in support of the noble Earl’s amendments. The Government recognise the importance of the abnormal load and heavy haulage industry to the UK economy and its critical role in delivering major infrastructure projects across the country, be they in transport, civil engineering or housebuilding. We as a Government are committed to growth, and this is an important part of delivering that commitment. In recognition of this, the Government have supported the efforts made by the NPCC to standardise policing practices for abnormal loads. We strongly encourage police forces across the country to make full use of the new guidance on abnormal loads that was published by the NPCC in May 2025, to ensure that abnormal load hauliers receive a consistent service from the police, no matter where they are operating from. Given this ongoing work to support the industry by the NPCC, I contend that we should allow sufficient time for the new guidance to bed in before considering whether changes to the 2003 order are needed. The guidance is due to be reviewed in May 2027.
As to the specifics of these amendments, as the noble Earl explained, Amendment 403 seeks to confer on the police a power to make traffic regulation dispensation orders. This would allow abnormal load drivers to break normal traffic rules to negotiate their chosen route. While I understand the intention behind this proposal, the Government are not persuaded that it is necessary. Traffic authorities already have the power to make traffic regulation orders under the Road Traffic Regulation Act 1984, and these can provide for precisely the situations described. The Government’s view is that traffic management should remain the responsibility of traffic authorities, which are best placed to consider the wider implications for road safety and network efficiency. Giving this power to the police would blur responsibilities and could lead to inconsistent decision-making.
The Government are also unpersuaded of the case for repealing the provision in the Police Reform Act 2002 that allows the police to accredit certain persons with limited powers to control traffic for the purpose of escorting abnormal loads. Removing this power would mean that only police officers could direct traffic during these movements. The noble Earl has suggested that few accreditations have been made by chief officers utilising these powers. That may be the case, but where such designations have been made, it is inevitably the case that the repeal of these provisions would shift the burden back on to warranted police officers, reduce flexibility in managing abnormal load movements, and lead to delays and higher costs for the haulage industry. These movements often support major infrastructure projects and time-sensitive logistics, so any additional delays could have serious economic consequences. The current system strikes a sensible balance by allowing accredited persons to assist under police oversight, ensuring safety while avoiding unnecessary demands on police time.
I turn to the amendments relating to charges levied by the police for escorting abnormal loads. Amendments 413 and 502 seek to require the Secretary of State to establish a regulatory framework for fees charged by police forces, while Amendment 416D details how payments should be made and received, and Amendment 416M seeks to prevent individuals who could be financially impacted by a decision concerning escorting an abnormal load from being involved in that decision. While I recognise that the aim of these amendments is to improve consistency and predictability for operators moving such loads, we do not believe such a statutory framework is necessary.
Further, a national framework for charging for escorting these loads also already exists. Section 25 of the Police Act 1996 contains a power for the police to recharge the costs of policing that has been requested by an individual or organisation. Fee levels are set out in NPCC guidance on special police services and updated annually. Introducing a standardised regulatory framework as envisaged in Amendment 413 would also risk undermining the ability of forces to respond flexibly and proportionately to local needs. The operational demands placed on police forces by abnormal load movements can differ across the country, influenced by a range of local factors, including geography, road infrastructure, traffic conditions and the availability of police resources.