(3 days, 11 hours ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Ms Lewell.
Clause 78 rightly introduces new offences aimed at preventing the misuse of electronic devices such as signal jammers, signal amplifiers and devices used to access vehicle wiring systems for committing vehicle-related crimes. The offences include the possession, importation, manufacturing, adaptation, supply or offer to supply such devices when there is reasonable suspicion that they will be used in connection with crimes such as vehicle theft, stealing items from a vehicle or taking a vehicle without authority.
The subsections provide a defence for individuals who can prove that they did not intend or suspect that the device would be used for a relevant offence, and they allow a court to presume possession of a device if it is found on premises occupied or habitually used by the accused, unless the accused can demonstrate that they were unaware of its presence or had no control over it.
Clause 79 clarifies the evidential burden in cases under clause 78, which deals with electronic devices used in vehicles. It explains that where a defendant seeks to rely on such a defence—for example, that they did not intend the device to be used in a crime—they must provide enough evidence to raise the issue, and the prosecution must then disprove it beyond reasonable doubt.
Clauses 78 and 79 are needed to strengthen the legal response to the growing threat of tech-enabled vehicle theft, which has become increasingly sophisticated with the use of electronic devices such as signal jammers and relay attack tools. Clause 78 creates targeted offences around the possession, manufacture and supply of such devices, recognising the role they play in modern vehicle crime. By focusing on intent and suspicion, the clause allows for earlier intervention and prevention even before a theft occurs.
We support the measures, but what consultation was done with law enforcement, manufacturers and cyber-security experts to develop the provisions? Does the Minister expect this designation to lead to more asset confiscation from organised crime groups involved in vehicle theft?
It is a pleasure to serve under your chairmanship, Ms Lewell, as always.
The Liberal Democrats very much welcome the measures in clauses 78 and 79 to give the police and courts more powers to reduce vehicle theft. It is disheartening to see so much car theft in our cities, particularly London. In south-west London, a regular complaint of residents is that the police are not able to do anything about it. The police themselves are struggling. The technology has become an arms race, and these clauses are needed to keep up with thefts that are becoming so much more technologically advanced.
It is depressing that a litany of old-fashioned manual theft prevention measures are now necessary again—people are having to use steering locks and wheel clamps—because the police cannot keep up with the technology that thieves employ. We are very supportive of these measures to give the police the tools they need to crack down on this incredibly distressing form of theft.
Clause 93 is hugely important and rightly allows the police to search premises for electronically tracked stolen goods without a warrant, offering a fast and efficient way for the police to recover stolen items before they are further distributed or sold, with the clause defining the authorisation procedures and limitations on the powers.
The clause empowers senior officers at the rank of inspector or above to authorise searches based on reasonable grounds and electronic tracking data. This is particularly useful in cases where obtaining a warrant in time could risk losing crucial evidence or missing the opportunity to seize the stolen goods. It is designed to enable law enforcement to act quickly when there is clear electronic tracking evidence that stolen goods are present on the specified premises. It seems like a common-sense measure that will allow law enforcement to act swiftly in recovering electronically tracked stolen goods, making it a highly effective tool in the fight against crime.
When stolen items are equipped with tracking devices, the ability to bypass the often time-consuming process of obtaining a warrant can be crucial in preventing further harm, such as the sale or distribution of the goods. The clause will ensure that officers can quickly respond to real-time data, reducing the window of opportunity for criminals to move or hide stolen goods.
The clause adopts a narrower approach to these powers than that proposed by the Criminal Justice Bill. I have always been of the view that, wherever possible, we should look to further enable our police officers and law enforcement agencies to tackle crime. Will the Minister comment on the rationale for narrowing the scope of the powers being given to our police by this measure?
I broadly back the powers in the clause. However, I have been involved in two cases in which an item was tracked but the tracking was not sufficiently accurate to ascertain the address. I was witness to a neighbour banging on the door of another neighbour’s home, demanding that he be let in to retrieve his phone, which he claimed had been tracked to that address. The police had been called, but they were not able to enter. When the resident came home, it was demonstrated that the phone was not at that address; it was actually five doors down. The individual had dropped the phone while walking home, and another resident had picked it up, brought it home and was looking after it until they could take it to a police station.
That individual had been incredibly agitated. Under these measures, if the police were called and the tracking information showed that the phone was at a particular address, the inaccurate data would have allowed the police to enter the property incorrectly. Are there appropriate safeguards in relation to the accuracy of the location information that is used? What measures are in place to compensate people when errors are made?
The second example is that, when my bike was stolen, I followed its tracker and went to the house where it seemed to be located. I called the police, who attended. The bike was not in the house; the tracker was actually in a van that was parked on the street outside. Again, if entry to the property had been obtained under these measures, there would have been damage and an incorrect entry to a resident’s home.
These powers seem like a good idea. The hon. Member for Stockton West called them common sense, but what seems to be common sense usually omits serious thought. Without an additional step of scrutiny, I do not think tracking information is sufficiently accurate to ensure these powers are used appropriately. I therefore invite the Minister to provide a bit more reassurance that thought will be given to accuracy and that mitigations will be in place to compensate residents when the measures are used incorrectly. We must not put residents and citizens at risk of property damage for reasons beyond their control.
(1 month ago)
Public Bill CommitteesWe are saying that they will not get ahead of others. They will join the back of the queue; they will be put down the list. The people who behave, who are responsible, who are fair, and who play by the rules will carry on in their place while others are moved down the list for misbehaving.
The shadow Minister talks about the victims of antisocial behaviour and the offenders. I completely agree with his desire to provide an incentive for those are offending, but offenders often live with their families and children, who are often equally the victims of the antisocial behaviour. Does he agree that to punish offenders’ children and partners in a way that makes their housing situation more precarious and denies them a good home and an aspirational move to a better area, is an inappropriate punishment for an individual and becomes, effectively, a group punishment?
In my part of the world, the antisocial behaviour is more often wreaked by young people. Parents should be responsible for those young people, and there should be consequences so that people help their families to fall in line and behave. I think this is the right thing to do. Those on a housing list who play by the rules should carry on, while those who misbehave, who do not play by the rules and cause absolute hell for other people, should be pushed to the bottom of the list. I stand by that.
I am not sure that the shadow Minister understands the severity of the difficulties that families find themselves in. I have a certain sympathy with wanting to sound like there is a serious consequence for families and individuals who are breaching orders, but this amendment is an extreme measure that would lead to misery for whole families. It seems an overreaction and an extreme punishment for a whole family to suffer in that circumstance.
There are decisions to make about the extremity of the consequences and sanctions, but there is a choice. Is it about the victims who suffer sleepless nights and all this havoc, whose windows have gone through, who are abused and are petrified to live in their own home, or are we on the side of the families who wreak this behaviour and the young people who terrorise others? There is a choice there.
(1 month ago)
Public Bill CommitteesI completely agree. Many farmers in my patch would say exactly the same. When rubbish is dumped in a park or local authority area, it gets cleaned up, at huge cost to the taxpayer, but when it is dumped beyond the farm gate, or in a field owned by a farmer—or anyone else with any scale of land in a rural area—too often they have to pick up the cost, and all the consequences beyond cost.
Currently, fly-tipping offences typically result in a fine and, in some cases, a criminal record. However, repeat offenders are often penalised in a way that does not sufficiently discourage further violations. The fines can sometimes be seen as a mere cost of doing business, especially by individuals or companies who repeatedly dump waste, often for profit. The Opposition’s new clause 24 proposes adding penalty points to the driving licence of any individual convicted of a fly-tipping offence. It is a significant proposal that aims to deter people from illegally dumping waste by linking that to driving penalties, which would impact an individual’s driving record, and potentially their ability to drive. Our new clause shows that we are serious about tackling the issue of fly-tipping. By linking fly-tipping to driving penalties, the new clause would create an additional layer of consequence for those involved in illegal dumping. People with driving licences may be more cautious if they know that their ability to drive could be impacted.
I note amendment 4, tabled by the Liberal Democrats, but it is unclear what that amendment would achieve. I am concerned that it would not complement clause 9, and would be counterproductive. The requirement for parliamentary approval of guidance within a month could lead to delays in the implementation of important policies or updates, particularly if there are disagreements or procedural delays in Parliament. I would not want anything to impede, by overreach, our ability to tackle and curtail fly-tipping.
We welcome measures to combat fly-tipping. As my hon. Friend the Member for Frome and East Somerset has already mentioned, the problem is particularly concerning for rural landowners and farmers, who often have to deal with the cost of this environmental crime on their land. Amendment 4 intends to give parliamentary oversight and democratic control over the guidance. That is a good thing, which we should all support. However, I understand the concerns about delays. I think there is a balance between accountability, parliamentary approval and delays. I will be interested to hear the Minister’s comments on that.