My Lords, I begin by, in part, sharing the aspirations of the noble Lord, Lord Blencathra. I agree with him. It is not shoplifting; it is shop theft. I agree with the noble Lord, Lord Davies, on that same point. When I began my working career 45 years ago after university with the Co-op on a management training course, we called it “leakage”. I found that term offensive then, and I find it offensive now. It is shop theft. So I agree with him that there needs to be an effort made by the Government to tackle this issue.

In response to the noble Baroness, Lady Doocey, the Home Office is working with police representatives through the National Police Chiefs’ Council to make it easier for retailers to report crime. The current Policing Minister and the previous Policing Minister are now both supporting a Tackling Retail Crime Together strategy launched by the chief constables and industry. We had a summer of action on shop theft, which involved visible policing on the streets and targeting hotspot areas.

This winter, the Home Secretary plans for police forces across England and Wales to partner with local businesses, local councils and police and crime commissioners to target shop theft and anti-social behaviour during the peak retail season. There are plans to put 13,000 extra boots on the ground, from neighbourhood policing through to special constables and PCSOs. The measures in Clause 39, which we debated earlier, try to raise the level of importance of shop theft. As a Government, we recognise that we want to take action on that.

Where I disagree with the noble Lord is on some of these proposals. However, like the noble Lord, Lord Randall, who, again, has great experience of the retail world, I take the issue of shop theft extremely seriously. Probably like him, I am one of the few people in the Chamber tonight who have apprehended a shoplifter and reported them to the police, along with the manager of the shop, and I have been present at the shop theft interview as part of my duties. It was shop theft then and it is shop theft now, and it should not be tolerated, whatever the level of that shop theft.

On the measures the noble Lord, Lord Blencathra, brings forward, such as Amendment 216A, which seeks to enable deterrent actions by shopkeepers through the use of video or photographic evidence, it is important that we have evidence such as that supplied by CCTV. Widespread introduction and publication, which is one of the objectives of the noble Lord’s amendment, would meet the objectives of the noble Baroness, Lady Doocey. However, it would potentially impinge on the rights of individuals, who may or may not be guilty, and could well incite vigilante action and undermine the fundamental presumption of “innocent until proven guilty”. I have no objection to CCTV, but the noble Lord needs to be careful with that, which is the reason why I cannot support the amendment.

Before I move on to the noble Lord’s other amendments, let me say that I appreciated his support for Operation Opal. Retailers are able to refer cases of organised retail crime to Operation Opal, and the national police acquisitive crime intelligence unit then investigates. It is unnecessary to specify that in the legislation because it is an operational issue, but again, it shows the importance we place on the issue of shop theft.

The noble Lord’s Amendment 216B relates to the powers of shop security staff to arrest and detain persons suspected of shop theft under Section 24A of the Police and Criminal Evidence Act 1984. That already allows any person, including a security guard, to make a citizen’s arrest of anyone they have reasonable grounds to suspect has committed or is in the process of committing an indictable offence. The power of arrest is subject to certain necessary criteria but essentially, that power of arrest, in addition to Section 3 of the Criminal Law Act 1967, allows also for reasonable force in the prevention of crime or effecting or assisting a lawful arrest.

We have put in place the Security Industry Authority, which is the regulator for the private security industry. It is setting training standards for licence-linked qualifications and as part of that training, security guards learn physical Intervention skills, how to perform a citizen’s arrest, the law on use of force, and how to de-escalate areas of conflict. Individual businesses can and do determine their own policy on the arrest of shoplifters by licensed security guards, in compliance with UK law, but it is a valuable area of work, and giving security guards wider powers of arrest would create potential difficulties. It would require even more specialist training and oversight of the use of detention powers. As described in the amendment, it would entail significant training requirements and a significant cost to business, and it would open up issues of public accountability for the exercise of coercive powers.