Anti-social Behaviour, Crime and Policing Bill

Lord Campbell-Savours Excerpts

Monday 25th November 2013 Lords Chamber

[The Countess of Mar (CB)]

My Lords, I support the noble Lord, Lord Deben, in his amendment. I have no objection to people who wish to exercise their democratic right by demonstrating. However, while they have that right, I believe that those of us who work in the Palace of Westminster, and particularly those who work in offices on the West Front, have an equal right to work in an environment that is not polluted by electronically enhanced voices and music at volumes which, at times, become unbearable.

On one occasion during the passage of the Welfare Reform Bill, my noble friend Lady Finlay and I were trying to write speeches on behalf of those who were bellowing through a loudspeaker outside our window. We put on our coats and went to ask, politely, the young lady who was making the noise if she would kindly modulate it. Her response was to ask why we could not wear ear-plugs. After we had spent some time trying to explain to those involved that they were defeating their objective, they finally conceded and stood or sat quietly for the rest of the afternoon. I have no objection to that sort of demonstration.

Without doubt, those demonstrating for several days while we were debating the same-sex marriage Bill excelled themselves. I will never again hear “I’m Getting Married in the Morning”, or the rival “Amazing Grace”, without cringing. After several days of torment, I tried the noise pollution officer at Westminster City Council. He said that it was not his responsibility but was a police matter. I was told to dial 111. The police said that they could do nothing as the demonstrators were acting within their rights. Unfortunately, noble Lords and officials who work in the West Front offices cannot simply pick up a pen and pad and move to a quieter location; we are somewhat tied to our desks by computers, phones and files—a captive audience, in other words.

The amendment does not stop those who wish to demonstrate, nor would I wish that to happen. Members of another place, as the noble Lord, Lord Deben, told us, successfully moved the noise from their environs. We have only this amendment between us and our sanity.

[Lord Campbell-Savours (Lab)]

My Lords, I intervene briefly to strongly support the amendment moved by the noble Lord, Lord Deben. I refer back to two previous contributions that I made on this subject over recent years and, in particular, to correspondence from Councillor Colin Barrow of Westminster City Council. When the Police Reform and Social Responsibility Bill was going through Parliament, he wrote to the department expressing concern about how it would operate. This was at a time when, as the noble Lord may recall, the square was inhabited—if I may use that term—by a lot of protesters who were setting up tents and making a lot of noise. At that time, I did not make the proposal that I want to make today. I am using this amendment as a peg on which to promote a principle.

We all believe in the right to demonstrate but we are concerned about noise. We know that people on the West Front—particularly officials of the political parties who work in offices there—have a lot of problems when demonstrations take place, especially during the summer months when they wish to open their windows and, of course, the noise becomes even more prevalent. As Colin Barrow proposed in his correspondence of some years ago, it may be possible to manage the whole square or the green areas in front of Parliament in a better way.

I propose that we establish a centre on one of those pieces of land where people can apply to put up their stands on behalf of various campaigns, perhaps on a rotational basis, months in advance. It would be a lobbying building for Parliament and it would give people the opportunity to recognise that we want to help them protest, but in an organised way. In doing so, we would support the principles set out by Councillor Colin Barrow of Westminster City Council when he asked for a more properly managed square-control arrangement.

I know that the amendment of the noble Lord, Lord Deben, is more tightly defined—he is dealing with a narrower area—but I believe that we should think in terms of something more organised whereby organisations throughout the country can apply to demonstrate. At the moment, in the Upper Committee Corridor we effectively have a more organised arrangement which people can apply to use, but they cannot demonstrate. I want something a little more aggressive than what is available with the displays there, so that people can put their case. Instead of MPs simply driving past and not being able to read the signs or hear what is being said because the noise is overwhelming, there would be a place where MPs or Peers could stroll over, walk through the centre, see who had their stands there, talk to the lobbyists and then leave. That would be a far more sensible operation. I am not asking for it to be set up tomorrow, but in the longer term, it would be wise if we were to set off down that road. I support the noble Lord’s amendment.

[Lord Martin of Springburn (CB)]

My Lords, the loud-hailing which took place in Parliament Square was a disgrace. Most of us who have fought elections at council and parliamentary level have used loud-hailing equipment. When that equipment goes above a certain noise level, it becomes a breach of the peace. It is not the first time. When we have been out on the hustings, we have been reminded of that.

That strange character sat in Parliament Square for 10 years, and all sorts of organisations tried to help: the Greater London Council, Westminster Council, the police, Parliament and even the Home Office. Legislation went through both Houses, but it was not strong enough, and the judges said, “No. The chap who is there”—I forget his name—“can use the pavement because it is not really a pavement in the proper sense of the word”. All I can say is that if somebody were sitting outside their house, they would find good legal cause to get rid of him after 10 years.

The other place found arrangements to prevent loud-hailing at that end, but it cannot speak for this autonomous body. That is why the demonstrators have moved up. However, if anyone uses a loud-hailer that gets above a certain level, they are being a nuisance. Even the media agreed with that. The people who had been aggravated most by the person who was on the loud-hailer all day and every day, the character who stood there for 10 years, were those in the Press Gallery. When Parliament went into Recess, people from the Press Gallery went out and told the person concerned in no uncertain terms, “Please stop”.

I support the amendment. An overall body should get control of this situation because the difficulty that Westminster Council had was that its only way of stopping the noise was if the sound level went above a certain decibel level. It had to come along with its testing equipment, and it could have been that the wind was in a different direction or whatever. I know that this amendment is tight. The noble Lord, Lord Campbell-Savours, suggested we should have a stall where people could come and demonstrate. No one is stopping demonstrations, but this is my understanding of a demonstration: the first time I had a demonstration at Parliament, I was a young trade unionist; I had a day off work; we travelled down in the morning by train; and at night we went back on the train and were away. It was not permanent.

Parliament Square is like a park. It is a lovely place where people should be able to take their family. There should not be a stall there. The place should be enjoyed by everyone. Millions have been spent on Westminster Abbey; millions have been spent on St Margaret’s Church, with which we have a close connection; and, of course, millions have been spent on both Houses, Portcullis House and the other extensions. If it is not already the case, the whole area should be a world heritage site. We should not have someone coming along with a loud-hailer that is so loud that people cannot get on with their proper business in the offices.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, this has been a very good small debate on what I consider to be a very important subject. My noble friend has done the House a great favour by raising this important matter for us to debate. I will not mention all those who have spoken but, without exception, all noble Lords have recognised the issue that we have to deal with. I hope I can demonstrate that the Government are looking for a positive way forward on this.

I am sure that many other noble Lords besides those who have spoken will have strong views on the noise generated by the demonstrations that take place in the vicinity of the Palace of Westminster. We have, of course, been here before. As noble Lords have pointed out, legislation to deal with such demonstrations was first passed in the Serious Organised Crime and Police Act 2005. We should not forget just how contentious that legislation was, which is why it was repealed and replaced with more proportionate measures in the Police Reform and Social Responsibility Act 2011, to which my noble friend referred.

My noble friend and the Committee will be sensitive to the need, before passing further legislation, to be very careful about taking any action that may impact disproportionately on people’s right to protest and their freedom of speech. However, I recognise the gross disturbance which amplified sound is now bringing to otherwise legitimate demonstrations. The proximity to the working offices of the House of Lords makes it difficult for Peers, officers of the House and staff to conduct their parliamentary duties. A number of noble Lords have referred to that.

With the Police Reform and Social Responsibility Act 2011 having addressed the problems in Parliament Square, noble Lords may feel that some of those problems have been displaced, particularly to the small area around the George V Memorial and the surrounding lawns and paving, as referred to in the amendment. Perhaps it would help noble Lords if I describe the law as it applies for areas away from Parliament Square. The 2011 Act strengthened local authorities’ by-law-making powers, in particular by including a power to seize items used in connection with the contravention of a by-law. Westminster City Council and the Royal Parks authority updated their by-laws immediately after the relevant provisions of the 2011 Act were brought into force. The by-laws include measures to deal with tents, structures and excess noise.

These by-laws, in many ways, already have the effect intended by this amendment. Westminster City Council by-laws and the Royal Parks by-laws contain strict noise control provisions covering Old Palace Yard and surrounding areas such as Abingdon Green. The by-laws state that a person should not make or allow to be caused any noise which is so loud or so continuous as to give reasonable cause for annoyance to others in the area. But here is the rub: the enforcement of by-laws is a matter for Westminster City Council and, ultimately, the police. Suspected breach of a by-law could lead to arrest and prosecution. In taking any enforcement decisions, the authorised officers or the police would take into account the need to allow a right to protest outside Parliament. Achieving a balance seems to be part of the difficulty. Perhaps the noble Lord, Lord Campbell-Savours, has suggested an idea that recognises this to try to avoid the gross disruption experienced currently. I do not know. Some noble Lords have questioned what he has proposed, but I thank him for giving us a possible solution.

[Lord Campbell-Savours]

There is a precedent for building on sensitive land within the area of Westminster; that is, the proposal being made by both Houses to build an educational centre of 6,000 square feet on Victoria Tower Gardens, which is the subject of a lot of debate at the moment. The proposal I am making is not that it would be one exhibitor; there might be a dozen exhibitors on rotation, drawing on different organisations, coming in nationally. Members of Parliament and Peers would visit in those circumstances because it would be a lobbying centre, and it would set a precedent that I think might be mirrored by other parliaments.

[Lord Taylor of Holbeach]

I thank the noble Lord for elaborating on what he is thinking. I thank him, genuinely, for trying to think positively about how to handle the rightful expression and the disruption to which Members, staff and officers of this House are currently subject because of the excessive noise.

Of course, there are further provisions. The Public Order Act 1986 allows the police to place conditions on static protests or demonstrations. The Environmental Protection Act 1990 allows the police to deal with noise issues. But enforcement lies at the bottom of all these measures at present, and the police need to balance the management of disruption caused by any protest against people’s right to protest—I think we would all accept that.

The police have sufficient powers under the Public Order Act, and the police and Westminster City Council can enforce by-laws that cater for noise issues around the Palace of Westminster. The issue, therefore, is how the existing by-laws are enforced. One would have to say that this is an operational matter for the police and Westminster City Council. That said, I fully recognise the degree of distress caused by the repeated use of musical instruments, loud-hailers and amplifiers in the areas adjoining your Lordships’ House and the disruptive effect that can have. I have been told—and we have heard today—of Peers evacuating their offices to work elsewhere, and of another who has been made to feel physically ill as a result of the noise. This cannot be tolerated.

I propose to my noble friend that he and I meet the Metropolitan Police and Westminster City Council to discuss this issue ahead of Report to examine a way forward in dealing with this problem. I suggest that we also include the Dean of Westminster Abbey. As my noble friend has pointed out, the abbey is also subject to the gross disturbance that amplified sound is now bringing to some demonstrations.