Metropolitan Police: Use of Section 14 of the Public Order Act 1986

Lord Rosser Excerpts

Wednesday 16th October 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the word “proportionate” is long established in law. The noble Baroness asks whether it is democratic to have a citizen’s voice. Of course it is, but public disorder disrupts the lives of others; we have seen that over the past couple of weeks, when it has been impossible to get around the centre of London. I outlined some of the issues last week but, ultimately, the High Court will test this judicial review.

[Lord Rosser (Lab)]

My Lords, the police have powers to ban a protest under the Public Order Act 1986 if there is a belief that it may cause,

“serious disruption to the life of the community”,

but, of course, the decision has to be proportionate. Clearly, the view as to what constitutes “serious disruption” is somewhat subjective. In the light of that subjectivity, it is surprising that the Mayor of London was apparently not made aware that the police were going to impose this ban, in view of the responsibility that the mayor has for the Metropolitan Police and the fact that many would regard this as a ban on freedom of speech and the right to peaceful protest, and a potential thin end of the wedge.

When did the Metropolitan Police last impose such a ban under Section 14 of the Public Order Act 1986 and in respect of which protests? Do the police have any guidelines, laid down or approved by any elected representatives, on what constitutes serious disruption to the life of the community? How long does the ban apply for? Is it for a limited period, in perpetuity or for as long as the Metropolitan Police wishes it to apply? Do the Mayor of London or the Home Secretary have any statutory powers to overrule this ban? I understand that legal action in the form of an application for judicial review has been launched over the police decision. Does the Metropolitan Police accept that it will not arrest or charge anybody for breaching the ban, pending the outcome of the judicial review?

[Baroness Williams of Trafford]

The noble Lord is absolutely right: responses to public order breaches have to be proportionate. He asks what constitutes serious disruption. It might be subjective, but nobody who has gone around London in the past two weeks could argue that this did not cause serious disruption to the city. The proportionality will, of course, be tested through the courts. The noble Lord asked me how long the ban will be in force. We know when it started but I do not know when it will finish.