(2 days, 2 hours ago)
Lords Chamber
Lord in Waiting/Government Whip (Lord Katz) (Lab)
My Lords, I am grateful to all who have contributed to this short but focused and important debate on the amendments tabled by the noble Lord, Lord Leigh of Hurley, which seek to extend the power for police to restrict protests near places of worship to cover faith schools and faith community centres. The amendments were spoken to by the noble Lord, Lord Leigh of Hurley, and supported by the noble Lords, Lord Hogan-Howe, Lord Marks and Lord Massey of Hampstead, and from the opposition Front Bench by the noble Lord, Lord Cameron.
I acknowledge the wider societal problem that the noble Lord, Lord Leigh of Hurley, powerfully described in moving the amendment. I think it is fair to say that he acknowledged the need for Clause 124 and hence its inclusion in the Bill. We are as government very aware of the problem. In the discussion on the previous mega group of amendments on public order on Tuesday evening, there were some assertions by noble Lord that synagogues are not impacted by marches or protests. I neglected to say it at that time, but this is an opportunity for me to say from the Dispatch Box that that is clearly not the case. We know that there are synagogues in central London that have been directly impacted by marches. They have had to change their service times and have had their normal pattern of worship disrupted by those marches. It is clear proof that, in respect of the Jewish community over the last couple of years at least, we need the provisions of Clause 124.
Before I move on to the amendments, I hope that, in responding to those in Israel and the US who raised with him whether it is safe for Jews to live in Britain and to be in Britain, the noble Lord, Lord Leigh, provided them reassurance that this is still one of the best places to be Jewish. We have fantastic values of tolerance and a liberal approach to enjoying any lifestyle that you wish and any religion that you wish to follow. As a British Jew, I am certainly very happy still, despite the concerns that we are discussing, to say that Britain is a great place to be a Jewish person. I hope that he responded in a similar manner.
On the amendments, under Sections 12 and 14 of the Public Order Act 1986, the police must have a reasonable belief that a public procession or assembly may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or that the purpose of those organising the protest is the intimidation of others. The police must have a similar reasonable belief under Section 14ZA in respect to noise generated by a one-person protest.
Clause 124 will strengthen the police’s ability to manage intimidatory protests near places of worship by allowing them to impose conditions on a public procession, public assembly or one-person protest, specifically if they have a reasonable belief that the protests may result in intimidation and deter those seeking to access places of worship for the purpose of carrying out religious activities or conducting religious activities there.
Clause 124 does not define places of worship, which means that, where community centres may be used as a place of worship, there is flexibility for the police to consider using this measure and imposing conditions if appropriate. We believe this is a proportionate approach, because it allows the police to exercise their independent operational judgment rather than being constrained by prescriptive lists in legislation. Non-statutory guidance from the College of Policing will assist in clarifying marginal cases without removing the police’s discretion.
I appreciate the point that the noble Lord, Lord Leigh, made—and has made in previous debates—on police discretion. To respond to him directly, I am of course very happy to meet him with department officials to discuss this as we move through Committee and before we get to Report. That offer is open to him and to other noble Lords who would care to discuss the issue.
Regarding faith schools, as the noble Lord, Lord Marks, said, there is particular sensitivity around schools because it involves young people. I declare an interest; I have two daughters who attend a Jewish faith school. It is incredibly concerning that they could be exposed to this in the manner of going to school and that the most normal everyday activity that a child or young person undertakes could be so disrupted. We very much share his concern, and his concern that it is not simply about Jewish faith schools; we are talking about all manner of faith schools, particularly, as the noble Lord, Lord Marks, pointed out, Muslim schools—they are very much at the cutting edge as a very visible place in a community where protests could be mounted and could be a focus for local community opposition or aggression, which is why we need to be careful about it. However, the Police, Crime, Sentencing and Courts Act 2022 gave local authorities the power to make expedited public space protection orders which protect those attending schools from intimidation, harassment or impeded access in the course of a protest or demonstration. Combined with the wide range of powers the police already have to address intimidation and harassment, these amendments would, I submit to your Lordship’s Committee, unnecessarily duplicate existing law.
Given that, I hope—although I am realistic—that I might have been able to reassure the noble Lord, Lord Leigh, a little. I hope that, taking an account of the offer of a meeting and further discussion on the points that his amendments raise, he would agree that his amendments are not necessary and, at least for the time being, that he will not press them.
I thank the noble Lord, Lord Hogan-Howe, for his contribution. I was tempted to add restaurants to the amendment, but I had already tabled it. I have instead just made a booking there. Members of the House of Lords are welcome to join me to support the restaurant.
I thank my riparian neighbour, down the river at Henley-on-Thames from Hurley, for his most welcome contribution. Of course, I thank my noble friends Lord Massey and Lord Cameron.
I assure the noble Lord, Lord Katz, that I told everyone who made that comment to me that the UK was a very safe space for Israeli citizens to come and visit. However, it really was a concern that was expressed to me, quite shockingly. I assure him that I am totally in agreement with him on that.
I would argue that community centres could not be defined as places of worship. The JW3 centre specifically, as the noble Lord knows, could not be described as such, so it would not come within that definition. However, I can see that he is sympathetic and understanding, and I am very grateful for that. I am grateful to the Government for putting in Clause 124. Clearly, the 2022 Act was not sufficient, which is why they had to put in Clause 124, so perhaps there is a discussion to be had. I am grateful for his agreement to do that. On that basis, I beg leave to withdraw my amendment.
(6 months ago)
Lords Chamber
Lord Katz (Lab)
I apologise for interrupting the noble Lord’s flow, but I feel that his comments on political funds go a fair way outside the scope of the amendments we are speaking to today. There will be plenty of time to discuss political funds next week on Report.
With the greatest respect, I do not know if the noble Lord has read my amendment, but that is exactly the point. The point is that before the Bill is passed there should be consultation on these proposals, but there is no opportunity for consultation because they are implemented at Royal Assent. The Government keep telling us that there will be a consultation, but how can there possibly be consultation if the measures come in at Royal Assent?
Still, I am grateful to the noble Lord for that interruption because it proves the point. It also allows me to explain to him another payment from the Unite political fund, which he may not be aware of, to the Marx Memorial Library. I kid you not—you could not make it up. I am sure the members of Unite are thrilled to know that their hard-earned wages are going to support the Marx Memorial Library, but when the Bill becomes an Act, in a matter of months, they will no longer have the right to see that disbursement.
If that is what Unite wants to do then that is up to Unite, but surely it should not be covered up. All I am asking at this time is that proper consultation on the effects of Parts 4 and 6 should take place before this is ramrodded through on the statute book without any proper consultation and discussion with, as the Government like to call them, “relevant stakeholders”. It is on Amendment 106 that I will probably be seeking to test the opinion of the House today.
(7 months, 1 week ago)
Lords Chamber
Lord Katz (Lab)
I assume my civil servants understand that I probably know the answer to that question—they might be right, or they may be wrong. To cast my mind to the inner workings of Committee in the other place, the reference in the Bill, as I understand it, is to communication with workers rather than explicitly to digital communication. I sometimes feel that I cannot speak for the way we examine Bills in Committee in this place, let alone in the other place.
We now have the opportunity to discuss, as we are doing, the fact that in the modern day, in 2025, the idea that access to a workforce would not include digital channels is, frankly, fanciful. Were we seriously to say, not to trade unions but to employees—to workers—that the only way that they could receive a message from a trade union or from an employee representative or, to turn it on its head, from an employer was on a piece of paper or in a one-to-one verbal communication, then I think we would all regard that as fanciful. There is a little bit of sophistry—
Just to expand on this a little further, we are not arguing that unions should not have the right to communicate digitally with workers. That is not the issue; the issue is the right of access. The Government are asking the House of Lords tonight to pass legislation that will allow a third person the right to access an employee’s computer—let us imagine that it is an SME business, possibly run on only one computer, which may contain highly sensitive information; in my case, that would be market-sensitive information— without any controls, references or parameters. I invite the Minister to commit that, before Report, further consideration is made of what such right of access means and the limitations on that right of access. We are not trying to exclude communication to workers; we are just trying to find out the channels and protect SMEs from intrusive activities.
Lord Katz (Lab)
I am happy to write to the noble Lord with more detail, but this is one of things that will be set out in regulation following extensive consultation. I go back to the original point of principle that I made about levels of granularity in setting out specific channels: if we specify channels A, B and C, as soon as the Bill is published we risk finding that employers are actually using channels E, F and G, because that is the pace of technology as it develops, so we have to retain flexibility.