Police Reform and Social Responsibility Bill

Lord Marlesford Excerpts

Thursday 14th July 2011 Lords Chamber

Moved by

[Lord Marlesford]

306A: After Clause 146, insert the following new Clause—
“Parliament Square committee
(1) Within six months of the passing of this Act, the Secretary of State shall by regulations establish a committee with responsibility for managing the controlled area of Parliament Square.
(2) The committee’s members shall be representatives of—
(a) all of the bodies which own or have responsibility for the controlled area of Parliament Square, and(b) the metropolitan police force.(3) The committee shall co-ordinate the work of its members in order to ensure that the controlled area of Parliament Square is kept clear of litter, detritus or other debris.
(4) The Committee shall report annually to both Houses of Parliament.”

[Lord Marlesford]

My Lords, we now move to the Parliament Square elements of this Bill. In moving Amendment 306A and speaking to Amendment 306B, which are very much interlinked, I am trying to save the Government from themselves. We are all agreed on the need for something to be done about Parliament Square and I think we are agreed on what should be done. Parliament Square is an appropriate place to have protests but at the moment it is completely out of control as a result of the encampments. In recent weeks and months, the encampments have grown greatly. A few months ago there were only eight tents; now there are over 30. In fact, a lot of Parliament Square has been taken over not so much by protesters but by rough sleepers. Obviously something has to be done. I am not producing the final word on this but I am producing what I believe to be a much more sensible and workable solution than the one in the Government’s own Bill.

We are all agreed on the need to end encampments, but I am seeking to remove Clause 147 and to replace it, in Amendment 306B, with my own clause. First, we have to look at Clause 145, which I am not in any way interfering with. It sets out provisions making the encampments illegal and sets out very clearly and in great detail how the tents and sleeping equipment should be classified. It says,

“‘sleeping equipment’ means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place”.

That is a perfectly sensible and very wide definition, and of course cardboard boxes could be added because people sometimes adapt them to sleep in. But in a moment we will come to what I do not like in the Bill and noble Lords will see why it is rather inappropriate, not as a definition, but because of Clause 147.

Clause 147 spells out the terms and conditions for the seizure by the police of all the items listed in Clause 145. One of the problems of Parliament Square is that it has always been the responsibility of lots of different bodies: the Greater London Authority, Westminster City Council, the Metropolitan Police, and to some extent the Highways Agency. We want one committee—I do not mind terribly how it is organised—with representatives from all the bodies so that together they can run the thing in a sensible manner. That is set out in Amendment 306A.

Amendment 306B has been tabled because I really do not think that Clause 147 is an appropriate way of doing this. The police are to be asked to seize all these things. Clause 147(4) authorises the police to,

“use reasonable force … in exercising a power of seizure”.

Normally the word “seizure” is used for drugs, weapons, documents relating to serious organised crime and so forth. Are the police really to be used to seize blankets? Is there not a better way? And then what are the police to do with the things they seize? It is all laid out in Clause 147, which I wish to replace. Clause 147(5) states:

“An item seized under this section must be returned to the person from whom it was seized … no later than the end of the period of 28 days beginning with the day on which the item was seized”.

Does that make sense? Clause 147(6) goes on to state:

“If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known … the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or … if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized”.

We are aware of a shortage of police. Are they really to be given the role of maintaining tents, sleeping bags, mattresses and cardboard boxes until the appropriate time and seeking, no doubt diligently, to find out who they originally belonged to and returning them to their rightful owners? I am all in favour of the laws and rights of property, but this is a rather expensive way of doing it. Is it surprising that Councillor Colin Barrow, the leader of Westminster City Council, wrote to the noble Lord, Lord Campbell-Savours explaining why the proposals in the Bill simply will not work?

I fear that the Home Office is displaying a deep angst about this matter. I can see why that has been generated because when we had the democracy village on the green bit of Parliament Square, it took almost £1 million in legal fees to remove it. It was a tremendous performance. However, once the courts had ruled, it was eventually removed with remarkably little aggravation because in general people obey the law, provided that the law is in place.

We come now to my proposal, which is much simpler. The proposed committee will run Parliament Square, helping to decide what is appropriate in terms of demonstrations and all that, and of course we all start from the presumption that demonstrations are a good thing. The committee will have the power to authorise the removal of the items set out by the Government, but that will not be done by the police. Subsection (3) of my proposed clause simply states:

“The committee shall ensure that between midnight and 6am every night any items listed in subsection (2) are removed”.

I do not intend for this material to be removed by the police, but probably by Westminster City Council’s refuse removal people. That is a simple, unprovocative and unconfrontational method, and in general, people do not confront those who are kind enough to remove rubbish. Although I admit that it may be necessary in the first few days for the police to be present, I believe that it will quite quickly settle down given how quickly the democracy village came to an end. If people wish to bring their tents, they will have 18 hours out of 24 in which they can have them, but, on the whole, you have a tent because you want to sleep in it. If it is going to be removed at midnight and you then have six hours without it, the chances are that you will make your sleeping arrangements in a different manner.

My proposal is moderate and limited; it genuinely seeks to help the Government to achieve what we all want and what they have tried to achieve not quite so elegantly in their Bill. I beg to move.

--- Later in debate ---

[Baroness Browning]

My Lords, I have noted what the noble Lord has said.

[Lord Marlesford]

My Lords, I am most grateful to all noble Lords who have taken part in this debate. I never pretended that this was the last word. I am disappointed that the Government feel that their Bill is the last word. I am delighted to hear that the Minister will discuss these matters in more detail with Westminster City Council. I find it a little strange that the letter from which the noble Lord, Lord Campbell-Savours, quoted was written as recently as 21 June. After all, the Government have had this Bill in gestation for many months. If I had been on Westminster City Council, I, too, would have been a little miffed if I appeared to have been ignored.

To answer the noble Lord, Lord Armstrong, and others, the committee will certainly be all-embracing. Whoever should be on it will be on it. It will not have to sit all the time; it will have a, presumably very small, permanent staff—perhaps someone seconded from the Met, someone from Westminster City Council and someone from here who will keep a watching brief for us. I was surprised when the Minister said that she did not know whether the committee would report to her. My amendment says:

“The Committee shall report annually to both Houses of Parliament”.

I do not say that that is necessarily the right idea, but for her to say that I have made no provision for reporting is simply not true. It is in the amendment. My worry is that the Home Office just does not like ideas from outside. It does not even read them; it just rejects them, which is disappointing. Given the Minister’s answer, and to encourage the Government to think a little more, I should like to test the opinion of the House.