My Lords, much has been made of the change of Minister, but let me assure the noble Lord—perhaps this will disappoint him—that we represent the same Government and the same department. Whether my line is softer or harder I will leave him to determine—but it will be is consistent with that of my noble friend.
When we debated this issue in Committee, the noble Lord drew our attention to the problem of assaults on individuals who work with the public. He quoted extensively from research—research we also heard about tonight—from the Union of Shop, Distributive and Allied Workers about attacks on retail staff in particular that shows that such assaults are sadly all too common. We have heard further such evidence in the debate today. We all agree that assaults on people who come into contact with the public as part of their work are totally and utterly unacceptable. They are a matter which both Parliament and the Government take very seriously and on which we are all agreed. No one should be expected to face violence in the course of their work, particularly when they are serving the public.
I think that the noble Lord referred to the Asian community in particular when he talked about the staff of small shops. There has been consistency across the board in our cities: quite often, shops are run by particular members of the community, often 24 hours a day, seven days a week. By definition, that opens them up to greater levels of assault and crime, which do take place; when we look across the country, it is of course the case. Staff of small shops are particularly vulnerable in this respect because they may need to stay open longer hours to make the profit needed to keep their business going, often as a family business with minimal staff. In Committee, my noble friend Lord Bradshaw also drew our attention to the position of public transport workers—as did the noble Lord, Lord Foulkes, today.
It is paramount that the criminal justice system should treat violence against these essential members of society adequately, but the Government do not agree that a new offence is the right way to address the problems that the noble Lord highlighted. The noble Lord, Lord Condon, is not in his place today, but, as my noble friend Lady Hamwee pointed out, when we debated this issue in Committee, he said:
“Apart from the important symbolism of saying, ‘Here is a new offence’, I fear it would not add practically to improving the situation overall”.—[Official Report, 4/12/13; col. 256.]
I agree with him. As my noble friend Lord Taylor explained in Committee, there is already a range of offences that criminalise violent behaviour and these are supported by guidance that ensures that any assault against workers in public-facing roles is regarded as serious and is dealt with appropriately. This view is shared by the Director of Public Prosecutions.
All cases referred to the Crown Prosecution Service by the police are considered under the code for Crown prosecutors. Under the code, prosecutors must first be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. In every case where there is sufficient evidence to justify a prosecution, prosecutors must then consider whether a prosecution is required in the public interest. The section of the code giving guidance on this public interest test states:
“A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public”.
If the evidence is there and the code is satisfied, the CPS will prosecute.
Sentencing guidelines specify that where an assault is committed against someone providing a service to the public, be that in the public or the private sector, it is an aggravating factor and should result in a higher sentence within the current maximum. The Sentencing Council has also made clear in its guidance that that includes those who work in shops and in the wider retail business—a point well made by my noble friend Lady Hamwee.
I do not accept that a new offence would have additional deterrent value. The law already provides for what this amendment is intended to achieve. Fundamentally, we all know that assaulting anyone, regardless of their profession or circumstances, is wrong.
I listened very carefully, as I often do—always do.