Correspondence

Letter from Lord Hanson to Lord Davies detailing government amendments for Lords Committee stage: 12 November 2025

Updated 25 March 2026

Lord Hanson of Flint
Minister of State for the Home Office
2 Marsham Street
London
SW1P 4DF

Lord Davies of Gower
House of Lords

12 November 2025

Dear Lord Davies,

Crime and Policing Bill: Government amendments for Lords Committee stage

I am writing to let you have details of further government amendments which I have today tabled for Lords Committee stage.

Testing AI models for extreme pornography, non-consensual intimate images and child sexual abuse material (new clauses “Obscenity etc offences: technology testing defence” and “Technology testing defence: meaning of “relevant offence”” and amendments to clauses 63, 198, 200 and 201)

The rapid advancement and accessibility of AI technologies without adequate safeguards, have significantly increased the volume of AI-generated child sexual abuse material (CSAM), extreme pornography (EP) and non-consensual intimate images (NCII) circulating online. These tools are now easily accessible, lowering the threshold for criminal exploitation by both existing and new offenders. AI is being actively misused to generate harmful and illegal content, with women and children disproportionately targeted.

Under current legislation companies are legally blocked, or face significant legal risk, from testing an AI’s capability to produce CSAM, EP and NCII. Developers cannot identify when safeguards fail or verify the effectiveness of any interventions. To ensure robust safety standards continuous testing is critical to mitigate risks.

Clause 63(5) to (8) already confers a power on the Secretary of State by regulations to authorise the testing of technologies for CSAM. These new clauses (which replace the provisions in clause 63(5) to (8)) expands this provision to include other types of CSA such as providing advice on grooming techniques. It also extends the provision to other harms: EP and NCII abuse. New clause “Obscenity etc offences: technology testing defence” now provides that regulations may provide for a defence to specified CSAM, EP and NCII offences which may be committed in the course of technology testing undertaken by a person authorised by the Secretary of State. This expansion will enhance the protections for both children and adults and particularly women and girls as it will allow testing for a wider range of harms. The purpose is to strengthen safeguards against the criminal misuse of AI and support the development of safer, more resilient AI systems.

These provisions apply to UK-wide.

Regulations made by the Welsh Ministers (amendments to clause 199)

These technical amendments adjust provision about regulations made by the Welsh Ministers to take account of Part 2A of the Legislation (Wales) Act 2019 (inserted by the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025) which makes provision about subordinate legislation made by the Welsh Ministers.

I attach a supplementary delegated powers memorandum.

I am copying this letter to Lord Keen of Elie, Baroness Doocey, Lord Marks of Henley-on-Thames, Baroness Ramsey of Wall Heath (Chair, Delegated Powers and Regulatory Reform Committee), Baroness Kidron, Chris Philp, Matt Vickers, Max Wilkinson and Luke Taylor. I am also placing a copy of the letter and enclosures in the library of the House.

Yours sincerely

Lord Hanson of Flint