Public Order Bill

Debate between Kit Malthouse and Rebecca Long Bailey

2nd reading
Monday 23rd May 2022 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

Many of the rights that we take for granted today were largely not born of the spontaneous goodwill of some trail-blazing politician. They came about because people stood together, they demanded change, they protested and they made those with power listen. For example, I would not be standing here today as an MP, and many of my constituents would not even have the right to vote, had it not been for the Peterloo protest, also known as the Peterloo massacre due to the horrific atrocities inflicted upon those protesting. That protest movement called for reforms to parliamentary representation. Ultimately, it resulted in the Great Reform Act 1832, which went some way to addressing the injustices in the political system.

We have heard today how women would not have the right to vote had it not been for the suffragettes. They are hailed as heroines now, but back in their day they were demonised and viewed as trouble-making anarchists. They were the so-called “lefties” Conservative Members have been talking about today.

Equal pay legislation was largely born of the actions of brave striking workers at Ford Dagenham and the large scale protests that followed. The establishment of the National Parks and, ultimately, the principle of the right to roam would not have happened without the Kinder Scout trespass. The list is endless, but, sadly, it is clear that such era-changing moments in our history will be a fairy tale that we simply tell our children if this House allows the Public Order Bill as drafted to become law.

Human rights organisation Big Brother Watch says this of the Bill:

“It is without doubt that it includes some of the most undemocratic, anti-protest measures seen in the UK for decades.”

Law reform and human rights organisation JUSTICE considers that the Bill

“would pose a significant threat to the UK’s adherence to its domestic and international human rights obligations.”

Further, Amnesty’s analysis is that many of the provisions that have re-emerged in this Bill after being roundly rejected by the House of Lords in February

“would seriously curtail human rights in this country and damage the UK’s international standing, potentially irreparably.”

On protest banning orders, the vast range of peaceful and innocent conduct that the police would seemingly be able to criminalise is breathtaking. The Bill says that these orders can apply to people without conviction if someone has carried out activities

“or contributed to the carrying out by any other person of activities related to a protest that resulted in, or were likely to result in, serious disruption”

among a range of other scenarios, on two or more occasions. Let me explain that. If a law-abiding person attends two marches, for example, where hundreds of thousands are in attendance and some people completely unrelated to them cause a “serious disruption”, which is undefined and could mean literally anything, could that law-abiding person be subject to a protest banning order? The Bill as drafted certainly seems to suggest that they could.

The offence of locking on is also veiled in ambiguity. As JUSTICE says, it is so vague that it would appear to capture a couple walking arm in arm down a busy street where they may be being reckless as to cause “serious disruption” to another couple walking in the opposite direction. Again, “serious disruption” is undefined and could mean literally anything.

The widening of already extensive stop and search powers also appears wholly disproportionate and hugely damaging to racialised communities. Indeed, clause 7(2) is one troubling example. That allows for the police to search an individual when they have reasonable grounds for finding an object that is

“made or adapted for use in the course of or in connection”

with one of the relevant offences. “Object” is not defined; it could be anything from a mobile phone used to agree meeting points with friends to a leaflet about the event. Those are just three staggeringly pernicious examples from a frightening selection box of draconian and anti-democratic measures in this Bill.

[Kit Malthouse]

I just thought I would take the opportunity to deal with the “serious disruption” issue. My hon. Friend the Member for North East Bedfordshire (Richard Fuller) also mentioned it. I believe the hon. Lady is a lawyer by training, so she will know that the phrase “serious disruption to the community” has been in use in the law since 1986 and is therefore a well-defined term in the courts, which of course is where the test would be applied under the legislation.

[Rebecca Long Bailey]

I welcome the Minister’s contribution but, as he well knows, case law differentiates and changes from time to time without adequate explanation in the text of a piece of legislation. That is what causes significant ambiguity here; there is no doubt in my mind that what would be deemed a serious disruption would change over time and could ultimately result, given the other provisions in the Bill, in an inference that serious disruption is of a lesser nature than it currently is in present case law.

To be frank, those provisions have no place in a democratic country with a long, proud history of upholding the fundamental right to lawful and peaceful protest. There has been a lot of talk in this debate about the Bill cutting crime; if that were the case, I think we would all welcome it. However, as the Government well know, the first step to cutting crime would be to properly fund our police services, which have suffered 12 years of dramatic cuts to their funding and resources. This Bill will not cut crime. Indeed, Her Majesty’s inspectorate of constabulary and fire and rescue services said in relation to protest banning orders that they

“would neither be compatible with human rights legislation nor create an effective deterrent.”

There has also been an illusion created that new offences are being brought in to deal with some of the issues that have been referred to. I want to set the record straight on that. We talked earlier about the terrible issue of emergency vehicles being stopped. That should certainly not be happening, but there is already legislation for that; the Emergency Workers (Obstruction) Act 2006 makes it a criminal offence to obstruct an emergency vehicle. Similarly, the Criminal Damage Act 1971 imposes a fine or prison service of up to 10 years for an act of criminal damage. Highway obstruction is also a criminal offence.

To suggest that the Public Order Bill is in some way a panacea for actions that many within our communities would deem irresponsible, unlawful and incorrect is way off the mark. Therefore, I hope that colleagues across this House will recognise before it is too late the chilling effect that the Bill will have on our democracy and vote it down on Second Reading.

Oral Answers to Questions

Debate between Kit Malthouse and Rebecca Long Bailey

Monday 7th June 2021 Commons Chamber

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

What steps her Department is taking to ensure effective investigations by the police of allegations of rape to help improve the number of cases that result in charges being made.

[The Minister for Crime and Policing (Kit Malthouse)]

Supporting victims of sexual violence and abuse is an important priority for this Government. In the past five years, we have seen a significant decline in the number of charges, prosecutions and convictions for rape. That is why we have carried out a robust end-to-end review of the criminal justice response. The review will be published shortly and will set out clear action to reverse this trend and to ensure that victims receive the support they deserve and that perpetrators face justice.

[Rebecca Long Bailey [V]]

There is currently a backlog of 57,000 cases in the Crown court, with victims of rape and serious sexual violence often left to wait years to go to trial. Sadly, they are the minority who received sufficient support to bring a case forward in the first place. Will the Minister commit to bringing forward urgently proposals for the fast-tracking of rape and serious sexual assault cases? Will he also confirm the creation of specialist rape and serious sexual violence units in every police force to ensure that cases are brought against alleged perpetrators?

[Kit Malthouse]

Two of the key planks of the work that we will be undertaking in this area—indeed, we have started already—are, first, yes, to shorten the timeframe between a report and a case getting to court, and secondly, to develop expertise throughout the system to ensure that victims get the justice they need, but in particular that investigations focus on perpetrators.