Lords Tighten Protest Powers, Pass Tobacco and Vapes Bill

High-Level Summary

The House of Lords held oral questions on renters’ stamp duty, the Crown Estate in Wales, adult social care and the British Business Bank, took a Private Notice Question on Iran and the Middle East, and completed the Tobacco and Vapes Bill’s Third Reading. The House then spent much of the day on Report of the Crime and Policing Bill, dividing several times on protest‑related provisions; the Government saw off some amendments but lost a vote establishing a new regime for “extreme criminal protest groups”. A Commons Statement on energy markets in light of the Iran crisis was reported, with emphasis on the UK’s exposure to fossil fuel price volatility and the case for accelerating clean, homegrown power. Routine secondary legislation on bereaved partner’s paternity leave was approved without division.

Detailed Summary

Retirements of Members – Announcement

Lord Forsyth of Drumlean notified the House of the retirement, with effect from today, of Lord Suri, thanking him for “his much-valued service to the House”, and of Lord Chadlington, recognising his “long service to the House”.

Stamp Duty: Periodic Tenancies – Question

Lord Bailey of Paddington asked about the impact of periodic tenancies on Stamp Duty Land Tax lease returns. Baroness Taylor of Stevenage said the Renters’ Rights Act 2025 “may in some very rare circumstances bring more tenancies into the stamp duty land tax regime”, but the Government are working with HMT and HMRC so “no tenant is brought into paying stamp duty on the rent they pay” and will update Parliament. She reassured tenants and landlords that “very few tenants will be affected” in the first year and pledged clear HMRC guidance. Peers also asked about delivery capacity under the Act; the Minister said work is “progressing well” with courts and tribunals, including a new digital end‑to‑end possession service, and “we are helping councils to build their enforcement capacity” with funding. On housing supply, she reported a £39 billion programme aiming to “deliver at least 60% of the homes… at social rent” and “around 300,000” homes over its lifetime. On market impacts, she cited Ministry of Justice data showing a 17% year‑on‑year fall in Q4 Section 21 claims.

Crown Estate: Wales – Question

Baroness Humphreys asked about the Crown Estate’s impact on the Welsh economy and household budgets. Lord Wilson of Sedgefield said the recently passed Crown Estate Act ensures the Estate works “in the best interests of Wales and the wider United Kingdom”, calling it “key to the £1.4 billion of economic growth and more than 5,000 jobs” the Government seek from Celtic Sea floating offshore wind. He said a Crown Estate commissioner “with special responsibility for Wales will be appointed in due course” and argued retaining the current model preserves investor confidence for floating offshore wind. On jobs and supply chains, he said offshore wind will “create up to 5,000 jobs—on top of the 3,000 jobs that will be created by the building of small modular reactors on Anglesey”, alongside “£50 million… for a supply chain accelerator and up to £350 million” for port and supply‑chain infrastructure. He noted trade‑offs on burying power cables—overhead lines are cheaper but both approaches cause disruption—and linked oil and gas shocks to the case for “home-grown green energy”.

Independent Commission on Adult Social Care – Question

Lord Young of Cookham asked about progress. Baroness Merron said the independent commission “is making strong progress” and has set out early recommendations; a national conversation and phase 1 report are due later this year. She stressed the 2028 deadline is a “by” date and the chair “may report sooner”. Priorities include better joining up the NHS and social care workforces, with an NHS workforce plan due in spring and investment to professionalise social care. On continuing healthcare assessments, she said “people getting the runaround… is… unacceptable” and undertook to raise a suggested review with the Minister for Care. She cited immediate actions on adult safeguarding and dementia/MND, and measures towards a national care service, including the disabled facilities grant, a £500 million fair pay agreement, and uplifted allowances.

British Business Bank – Question

Baroness Jones of Whitchurch asked about the Bank’s investment criteria. Baroness Lloyd of Effra said investments align with the Bank’s strategic mandate agreed with government, including supporting scale‑up in industrial strategy priority sectors, while the Bank is operationally independent and undertakes its own due diligence. She said the Bank is “increasingly taking bigger bets to enable innovative British companies to scale and stay in the UK”, backed by a one‑third uplift to its financial capacity, and confirmed defence is in scope under the mandate. She referenced support for energy‑intensive industries amid Middle East uncertainty, pointed to impact reporting on job creation, outlined tailored approaches for creative industries, and highlighted investor pathways with “£400 million of cornerstone investments into VC funds”. The mission remains to back “the most investable opportunities” to grow productivity and taxpayer returns.

Iran and the Middle East – Private Notice Question

Responding for the Government, Baroness Chapman of Darlington condemned Iran’s strikes as “unacceptable” and emphasised a defensive UK posture alongside the US, describing “British jets shooting down drones and missiles to protect American lives” as the special relationship in action. She said the UK wants “a swift conclusion to this conflict” and is acting defensively “because British lives and the lives of our allies and partners are at risk”. Pressed on definitions of defensive action and base use, she declined operational detail but said the UK’s F‑35s and Typhoons are being used to keep citizens safe, and that, after Iranian strikes on civilian sites, the UK’s support to the US is “clearly a defensive action”. On threats to BBC Persian staff, any such threats are “completely unacceptable” and security services work to keep them safe. She added that experience shows resolution ultimately requires “dialogue and negotiation”, though specifics are “not known”.

Bereaved Partner’s Paternity Leave Regulations 2026 – Motions to Approve

Baroness Lloyd of Effra moved approval of the draft regulations laid on 13 January; the motions were agreed without division.

Tobacco and Vapes Bill – Third Reading and Passing

Baroness Merron reported that the Bill was developed with all three devolved Governments, with legislative consent from Northern Ireland and supplementary consent sought from Scotland and Wales following Report amendments. The Government secured five minor technical advertising amendments to align restrictions and close potential sponsorship loopholes across product types. Moving that the Bill do now pass, Baroness Merron said: “Smoking is the number one preventable cause of death, disability and ill health and tobacco claims around 80,000 lives every year”. She thanked contributors and paid tribute to Rishi Sunak’s ambition for a smoke‑free generation. Lord Kamall welcomed concessions but cautioned that extensive secondary legislation must be evidence‑based and proportionate to retailers and hospitality. Earl Russell praised the “bold, evidence-based” generational ban and noted enhancements such as powers on filters and enforcement funding, while urging further action on youth vaping. The Bill passed and was returned to the Commons with amendments.

Crime and Policing Bill (Report): Right to Protest and Related Measures

Peers debated an amendment from Lord Marks of Henley‑on‑Thames to create a statutory right to protest and impose duties on public authorities to “respect… protect, and… facilitate the right to protest”. Opponents argued that Articles 10 and 11 ECHR, via the Human Rights Act, already protect protest rights. The amendment was defeated by 190–75 (“Amendment 369 disagreed”). A further amendment to add a broader “reasonable excuse” defence to the new offence of concealing identity at designated protests (Clause 133) was defeated by 172–88. Supporters cited risks for dissidents such as Iranians with family in Iran; ministers replied that any locality designation would apply only where criminality is likely and pointed to the specified statutory defences already in the clause and forthcoming operational guidance.

Crime and Policing Bill (Report): Places of Worship and Cumulative Disruption

Peers scrutinised Clause 139 on conditions near places of worship and Clause 140 on cumulative disruption. The Government argued existing thresholds are too high and that police need the ability to impose proportionate conditions where a procession, assembly or one‑person protest may create “an intimidating atmosphere in the vicinity of a place of worship”. Ministers rejected a fixed 50‑metre limit as impractical, citing access/egress considerations. An opposition amendment to remove Clause 140 was not moved later in proceedings.

Crime and Policing Bill (Report): Memorials – Climbing Offence and Schedule

Lord Parkinson of Whitley Bay sought broader coverage of war memorials under the new climbing offence. The Government agreed to add the Monument to the Women of World War II and the Holocaust Memorial Garden to the specified list, and clarified that enforcement targets climbing, with police discretion where memorials include steps or walkable areas. Lord Parkinson withdrew his wider amendment while welcoming the additions and a process to consider further memorials by secondary legislation.

Crime and Policing Bill (Report): Protests outside Public Office‑Holders’ Homes and Related Homes Provisions

The House agreed a new offence relating to targeted protests outside a public office‑holder’s home. Lord Katz said it protects officials and their families from harassment, clarifying that legitimate campaigning such as door‑knocking is unaffected: “It is perfectly legitimate… to door‑knock… Where this crosses the line is when these people choose to protest against the public officeholder at their home”. The amendment was agreed. Separately, the House also agreed to expand existing powers on protests outside people’s homes to cover protests about something done in the past.

Crime and Policing Bill (Report): Extreme Criminal Protest Groups

Lord Walney’s amendment creating a designation regime for “Extreme Criminal Protest Groups” (ECPGs) was agreed by 200–162. He said it targets groups with the “purpose and practice” of deliberate serious offences used to influence policy, offering an alternative to terrorism proscription and avoiding criminalising mere expressions of support. Supporters argued it fills a gap below the terrorism threshold. The Government opposed pending an ongoing review, but the House approved the amendment.

Crime and Policing Bill (Report): Lawful/Reasonable Excuse for Public Order Offences

Lord Faulks proposed to clarify when a “lawful or reasonable excuse” cannot apply to protest‑related offences, arguing the Supreme Court’s Ziegler decision left the law incoherent and that clarity was needed now. The Government said the CPS and courts should continue to assess excuses case‑by‑case within the existing framework. The amendment was defeated by 151–82.

Crime and Policing Bill (Report): Procession Notice Period and Prohibition Powers

Proposals to extend the notice period for public processions from six to 28 days and to broaden police powers to seek prohibition orders were defeated. Proponents cited police planning needs; the Government maintained six days is adequate and warned against widening prohibition criteria due to ECHR compatibility concerns. The divisions were 185–76 against the longer notice and 183–68 against the broader prohibition power.

Crime and Policing Bill (Report): Live Facial Recognition at Protests

Baroness Doocey sought to bar live facial recognition (LFR) at protests unless a statutory code approved by both Houses is in place, citing risks of wrongful stops and chilling effects. The Government pointed to an ongoing consultation on a new legal framework and said they will respond “by the summer”, stressing that all decisions must be necessary and proportionate under the Human Rights Act. The amendment was withdrawn after debate.

Crime and Policing Bill (Report): Unauthorised Encampments – No‑Return Period Reduced

The Government secured an amendment restoring the no‑return period for those directed to leave an unauthorised encampment from 12 months to three months, following a High Court ruling of incompatibility with ECHR rights. Lord Hanson said this “strikes a more proportionate balance” while maintaining enforcement powers. Baroness Whitaker welcomed the change as “a stage in a journey” towards fairer treatment, and called for greater site provision. Amendment 375 was agreed.

Crime and Policing Bill (Report): DVLA Data Access and Facial Recognition

An amendment to prevent DVLA driver photos being used for facial recognition searches was defeated by 123–40. Supporters warned against repurposing a licensing database for biometric surveillance. The Government said Clause 154 modernises lawful access to DVLA data, any use will be governed by a statutory code and affirmative regulations, and “police forces do not conduct biometric facial recognition searches against images contained on the DVLA database”.

Crime and Policing Bill (Report): Non‑Crime Hate Incidents – Statutory Code Repealed

The Government repealed sections establishing the statutory non‑crime hate incidents (NCHI) code, saying the existing system “no longer operates as intended” and will be replaced by a clearer, more proportionate model focused on core policing purposes. Ministers said the new framework will tighten definitions, raise thresholds, and be supported by guidance and training, with publication expected in the coming weeks. Amendment 383 was agreed.

Energy Markets – Statement (reported from the Commons)

Ministers updated the House on energy market impacts of the Iran crisis, highlighting the UK’s diverse supplies (North Sea, Norway, interconnectors and LNG) and that Qatar provided “1% of our gas supply” last year. They warned the UK remains a price taker exposed to global volatility, and confirmed the price cap holds household bills steady until July. The case was made to accelerate clean, homegrown power rather than expand new North Sea exploration, which “wouldn’t… reduce the global price of gas” or “bring energy bills down”. Peers raised nuclear’s role—“nuclear is… firm power” and SMRs and life extensions are being pursued—and gas storage; the Minister cited potential Rough expansion and secure supplies via pipelines and LNG, while noting biogas growth.