Policing and Crime Bill

Debate between Lord Garnier and Norman Lamb

Monday 13th June 2016 Commons Chamber

[Sir Edward Garnier (Harborough) (Con)]

I would not criticise for a moment the shadow Home Secretary for speaking for 45 minutes. He had a lot to say and spoke with great passion. He knows a lot about the bereaved Hillsborough families and all the associated issues, so I do not want to criticise him. If I may, however, before coming on to talk about new clause 23, I would like to say something gently to the right hon. Gentleman.

I do not know the Silk—I have never met him—to whom he twice referred and accused of unattractive conduct. That Silk was speaking on instructions, and I assume that, in line with the traditions and professional standards of the Bar, he did not set out deliberately to attack people. He was acting for the two relevant public authorities on the two separate occasions. It was his duty to put the cases for those clients. The cases might well have been unattractive and might well have come across as deeply upsetting to the people who were cross-examined, but it was his professional duty to act in that way. Another barrister might have done it differently or another client might have given different instructions, but it is a bit mean, if I may say so, to call out a particular barrister here in the House of Commons.

[Norman Lamb]

Will the right hon. and learned Gentleman give way?

[Sir Edward Garnier]

I do not want to be distracted when we have so little time. I just wanted to defend the method by which members of the profession have to represent their clients. That aside, there is little on which I wish to criticise the shadow Home Secretary.

In the short time available I want to speak to new clause 23, which removes the requirement for prior authorisation in section 60AA of the Criminal Justice and Public Order Act 1994, so that

“Where a constable…reasonably believes that an offence has been, or is being, committed he may…require any person to remove any item”

when it is used

“wholly or mainly for the purpose of concealing identity”.

The context in which I tabled the new clause—with about 22 other right hon. and hon. Members—goes back, as I said, to the Criminal Justice and Public Order Act 1994. Section 60 states:

“If a police officer of or above the rank of inspector reasonably believes…that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence, or…that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”

That section gave the police a geographically limited and time-limited power to do certain things. That was extended in 2001 by the addition of section 60AA, which gave the police a power, in that geographical area and for that limited time, to require the removal of disguises. Provided that there was prior authorisation, provided that that authorisation was written, and provided that it was for 24 hours unless extended by another officer for a further 24 hours, within that limited location, the constable in uniform was enabled to

“require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity”

and to

“seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.”

So it was not until 2001 that the 1994 Act was amended to allow the police, in certain limited circumstances, to be authorised to deal with disguises.

As the House will recall, in August 2011 there were widespread riots throughout the country, following which the Government issued a consultation paper to consider whether three things needed to be looked at: the use of the word “insulting” in the 1994 Act, new powers to request the removal of face coverings, and new powers to impose curfews. The Government thought it appropriate to consult about new powers relating to such matters as disguises, saying:

“The…consultation aims to progress the commitment made by the Prime Minister following the recent disorder in respect of new powers to request the removal of face coverings. After the ransacking and arson by looters wearing masks to conceal identification, the Government announced that the police would be given extended powers to demand the removal of face coverings under any circumstances, where there was reasonable suspicion of criminal activity.”

Interestingly, the Government did not respond to the consultation other than in relation to “insulting words or behaviour”; the law was amended in that regard. In respect of the power to require the removal of face coverings, the law remains as it was in 2001. As I have said, that power is geographically limited and time-limited, and requires prior authorisation.

I have had the benefit of two meetings with my right hon. Friend the Minister for Policing, Fire, Criminal Justice and Victims, who generously allowed me, and two of my hon. Friends, to try to persuade him that the law needed to be changed. On that occasion there were only eight officials in the room, but he seemed to be unpersuaded, on the basis of the advice that he had been given by officials and police officers, that a change in the law was necessary. Indeed, I think it was suggested to me that our new clause would weaken the powers of the police to remove disguises.

We need to recognise that the people who attend demonstrations wearing balaclavas or other face coverings are not doing that simply to prevent their identities from being discovered. Clearly, if a demonstration involves unlawful activity and the police are able to film it, or it is covered by local authority CCTV cameras, there is no better way for people to avoid detection, or avoid being caught, than disguising their faces. In most, although not all, criminal cases, the identity of the perpetrator is a fairly central part of the prosecution case. I am reasonably sure that in the olden days when robbers used to run into banks with shotguns and hold them up, normally wearing stockings over their faces, they were not wearing silk stockings on their heads because they liked the feeling of silk on their faces; they were wearing those silk stockings—or even tights, in which case it would be nylon on their faces—in order to prevent themselves from being discovered.

The same thing, I suspect, goes for people who are intent on pretty unattractive behaviour in the streets here in London, and in Manchester at last year’s Conservative party conference, where people in masks spat at delegates going into the conference hall, but they also do it to intimidate. There is nothing more intimidating than seeing somebody covered like that coming at you or demonstrating with a view to causing trouble. Yes, of course, there are laws already on the statute book or, no doubt, under common law which make it possible for a police officer to arrest somebody wearing a face mask if they are committing an offence. But in the event that there is a large-scale demonstration and there are not enough police officers to make it safe or practical for the police officer to go in, and therefore the police need to rely upon video evidence or film evidence of the perpetrator, it strikes me as unreal for a police officer to rely upon the existing power, which is geographically limited and time-limited, in order to deal with the matter.

Oral Answers to Questions

Debate between Lord Garnier and Norman Lamb

Tuesday 10th June 2014 Commons Chamber

[Norman Lamb]

I know that my right hon. Friend has been campaigning for that hospital. I welcomed the comments of the chief executive of NHS England, who has argued for a much more flexible and adaptable NHS, and for ensuring that GPs locally, working with community services, can offer the maximum range of health services to the local community as close to them as possible.

[Sir Edward Garnier (Harborough) (Con)]

Two and a half years ago, my right hon. Friend the Member for Chelmsford (Mr Burns), then Minister of State, opened the St Luke’s hospital day care unit in Market Harborough, which serves a large rural area in my constituency. During those two and a half years it has been open for only 131 days, which is a huge waste of public money. I wrote to the Secretary of State yesterday. He will not have had a chance to read my letter yet, but will my hon. Friend and his colleagues look into the matter, and ensure that we do not waste public money on opening hospitals that do not provide a service?

[Norman Lamb]

My hon. and learned Friend has raised an extremely important point. It is essential that the maximum possible use be made of investment. I know that the Secretary of State will look into this issue when he has received the letter, but we must ensure that all such facilities are properly used.