Crime and Policing Bill Debate

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Department: Home Office
Lord Katz Portrait Lord Katz (Lab)
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I am grateful to the nobleLord, Lord Blencathra, for his amendments on the regulation of e-bike batteries. Your Lordships’ House may recall the recent passage through this House of the Product Regulation and Metrology Act, which received Royal Assent in July and underlines the Government’s determination to take action on this point. Amendment 346D would provide for the prosecution of any person who had supplied an unsafe battery to an individual who was subsequently convicted of any of the offences in Clause 106 of the Bill.

While an unsafe battery—and by this I mean one that does not comply with existing product safety standards—could put the e-bike at risk of catching fire, particularly while placed on charge, as we have heard from many noble Lords, particularly the noble Lord, Lord Davies of Gower, this would not directly lead to a person riding their cycle carelessly or dangerously. The noble Viscount, Lord Hailsham, anticipated my argument and posited it more eloquently than I might have done. The battery is simply that which powers the e-bike: it cannot, on its own, enable the rider to overcome speed or power restrictions provided for in regulations. This would come from a broader set of modifications concerning the electric motor and other component parts, and I will come on to that in a bit. As the battery would not play a direct role in any incident leading to a prosecution of the kind provided for at Clause 106, I hope the noble Lord, Lord Blencathra, will see that this amendment is not required.

In moving his amendment, the noble Lord also talked about the chips that allow bikes to be driven at frankly hair-raising speeds that make them unsafe for the user, let alone others. To be clear, those modifications are already illegal: e-bikes with those chips do not comply with the electrically assisted pedal cycle regulations. Therefore, there is already a law in place to cover this.

Lord Mawson Portrait Lord Mawson (CB)
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The Minister talked about taking action. Those are very fine words, but every day, many of us watch e-bikes and ordinary bikes going past the outside of this building, driving through red lights. Many of us have experienced driving up and down roads with people coming down one-way systems at us in the wrong direction. We have watched police at the side of these road, including here, taking no action whatever. What does “taking action” actually mean, in practice and in detail, even outside this building?

Lord Katz Portrait Lord Katz (Lab)
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I am not sure whether the noble Lord was here for the previous group, when we talked at length on the wider issue of the use of e-bikes. As I said then, the DfT is undertaking a road safety strategy consultation, which will take a holistic view of road safety across all motor transport, including, very importantly, protecting pedestrians and those in mobility scooters and wheelchairs. That is the right way to approach this and is at the heart of the discussion we had on the previous group.