Public Disorder: Social Networking Sites

Debate between Baroness Miller of Chilthorne Domer and Baroness Browning

Tuesday 6th September 2011 Lords Chamber

[Baroness Miller of Chilthorne Domer]

To ask Her Majesty’s Government what steps they intend to take concerning the use of social networking sites during periods of civil unrest.

[The Minister of State, Home Office (Baroness Browning)]

Following the recent riots, the Home Secretary held a constructive meeting with ACPO, the police and representatives from the social media industry. Companies have made clear their commitment to removing illegal content and, when appropriate, closing accounts, whether at the request of the police or because of a tip-off from others. It was agreed to step up co-operation to ensure that these processes are working effectively. The Government are committed to a free and open internet, and we are not seeking additional powers to close down social media networks.

[Baroness Miller of Chilthorne Domer]

My Lords, I thank the Minister for her Answer. Can she confirm that the police are not, then, seeking powers to disable Twitter, for example, when they deem it necessary? Would she agree that there is an important balance to be struck between, on the one hand, catching and prosecuting those who use social media for anything illegal, whether incitement to loot or child pornography or any other illegal purpose, and, on the other hand, a wholesale surveillance and censoring operation that should remain totally unacceptable in this country? Can she assure me that the striking of that balance will be an open and accountable process rather than one decided behind closed doors by the owners of social media networks, the police and the Home Secretary?

[Baroness Browning]

I can reassure my noble friend. She will be aware that the police and other investigatory agencies are required to comply with the Regulation of Investigatory Powers Act 2000 and other legislation which seeks to bring that balance. It is not the case that they can do things unilaterally without being held to account.

Police Reform and Social Responsibility Bill

Debate between Baroness Miller of Chilthorne Domer and Baroness Browning

Thursday 16th June 2011 Lords Chamber

[Baroness Miller of Chilthorne Domer]

I have one illustration to add to the point that the noble Lord, Lord Campbell-Savours, made so well. Who is to say that that person with the deckchair is even on the demonstration? One of the issues under the—happily to be repealed—SOCA provisions was that a person turning up in a T-shirt with a slogan saying “down with the war” might be taken to be on a demonstration but might be taken to be walking down the road in a T-shirt. The same thing would apply to things like deckchairs and blankets. Is a poncho something for sleeping in? It is a sort of blanket but your head can go through it. There are all sorts of issues that the noble Lord, Lord Campbell-Savours, is correct to raise that are going to be an immense matter for judgment.

[Baroness Browning]

My Lords, I will pick up on that last point about seizure before I begin to address the amendments. Police officers have different seizure powers that are largely based on their need to prevent crime or to seize evidence for a crime. People have mentioned deckchairs and other such items. Depending on the circumstances, it would be up to the police officer concerned to exercise their judgment about whether the item they were seizing was involved in either preventing crime or was evidence that might be used in a later prosecution.

Amendment 244ZZB is premised on ensuring that only the most senior officer present at a scene can issue a direction to cease doing a prohibited activity. The Government fully appreciate the likely challenge to these provisions. We understand that the intention behind the amendment is to ensure that directions are properly issued by escalating authority to the senior officer present at the scene. On a point of principle, the Government are confident that police constables, regardless of rank, can issue appropriate directions. The Government support the return of discretion to police professionals.

On a point of operational practicality, the package of reforms is designed to support early and proportionate interventions by the police to prevent an escalation of prohibited activities. However, the amendment would hinder that. Amendments conferring powers only on the senior officer present at the scene would have an adverse impact on practical enforcement on the ground, and on that basis I urge the noble Baroness to withdraw the amendment.

The same arguments extend to Amendment 244ZA and other amendments in a similar vein. These amendments would remove powers from authorised officers of the Greater London Authority and Westminster City Council, about which I shall say more in a moment. The effectiveness of the new legal framework in Part 3 depends on a strong collaborative partnership approach between the Metropolitan Police, the Greater London Authority and Westminster City Council, with which the Home Office continues to work closely. It is necessary for all three agencies to be able to exercise some powers to avoid the type of situation in which, for example, a heritage warden employed by the Greater London Authority found himself unable to act or to deal with an individual until a police officer arrived to assist. Removing all powers from authorised officers would make the provisions in Part 3 unworkable.

Clearly, members of the public must be able to identify authorised officers, understand what powers they have and their authority to use them, and what avenues of complaint are open to them. Greater London Authority heritage wardens carry identification and wear a uniform, as do authorised officers from Westminster City Council. We understand from both the GLA and Westminster City Council that to date there have been no issues with authorised officers’ identification for the purposes of implementing by-laws. In addition, we are working with the relevant authorities to develop enforcement protocols and guidance on all these issues. I say to my noble friend Lady Miller of Chilthorne Domer that the Home Office has undertaken to provide the guidance and operation for this part of the Bill.

The Government recognise the concerns generated by the powers that are available to authorised officers. That is why, as noble Lords may know, we have listened to concerns raised in the other place and have decided to remove the power to use reasonable force from authorised officers. However, the amendments would take away the powers of authorised officers to deal with even the most routine cases. I urge noble Lords not to press their amendments, which would make the provision in Part 3 unworkable. I hope they will feel that I have given them sufficient information to be more confident about how we intend to proceed with this part of the Bill.

--- Later in debate ---

[Baroness Browning]

You can still hear it from there. I am not saying that that is where the loudhailer is; I am saying that you can hear it from there. You cannot hear what is being said; you just hear a shriek. As I have said, we are not trying to prevent protestors using a loudhailer but we want it to be proportionate in how it impacts on other people.

I shall just go through the regulations on applications. Twenty-one days is the period currently used by the GLA and Westminster to consider applications for loudhailers under local by-law provisions and Section 137 of SOCPA. Six days would be too short a period and would not give local authorities sufficient time to consult others. We are talking about a very limited area in which authorisation to use amplified noise equipment is needed. The authorisation scheme is there to protect competing interests in the limited space. Therefore, I urge the noble Baroness not to press her amendment.

I come to the court and the distinct issue of limiting its ability, on conviction, to make an order requiring the convicted person not to enter the controlled area of Parliament Square by imposing a time limit of no more than seven days. The Government’s provisions leave the length of time entirely to the court to determine, in line with the circumstances of each case. This is wholly appropriate and would allow the courts to deal with determined individuals who might be resolute in simply coming back after seven days. I hope noble Lords will understand that we believe we have got the proportionality right here. I will write to the noble Lord on his more detailed technical question about different types of equipment.

[Baroness Miller of Chilthorne Domer]

I thank my noble friend the Minister for her reply. She has certainly laid out the Government’s thinking very clearly. It is still possible to see one or two difficulties. For example, if you wanted to use a loudhailer at the last minute because you had only just decided to march on a particular issue, you would not have 21 days in which to apply to do so. In that case, would you be in contravention of what is in the Bill? There may be some other details that we shall want to come back to on Report, but we now have a clear understanding of where the Government are coming from. I beg leave to withdraw the amendment.