Police Reform and Social Responsibility Bill

Debate between Lord Rosser and Lord Desai

Thursday 16th June 2011 Lords Chamber

[Lord Desai]

My Lords, I spoke on this section of the Bill at Second Reading and I very much support the amendment of the noble Baroness, Lady Hamwee. If we have subsection (1) of Clause 142 in place, which re-establishes the Public Order Act 1986 as the ruling legislation, the rest of that clause/section is completely unnecessary. We can omit all that. If we have the 1986 Act, all subsequent legislation is not required, including Clause 143 and the rest of the provisions in this section.

[Lord Rosser]

My Lords, I have an amendment in this group but we agree with the repeal of the provisions in the Serious Organised Crime and Police Act 2005 relating to demonstrations in the vicinity of Parliament. We also agree with the need for further proposals and for the use of the 1986 Public Order Act. The 2005 Act created a new offence of demonstrating without authorisation in what is described as a designated area, which was defined by order. That designated area had to be within 1 kilometre of Parliament Square. The use of loudspeakers in the designated area was also banned.

However, that Act had unacceptable and unintended consequences on the right of some to protest and it soon raised concerns that the Act had not, in reality, struck the correct balance between the right to protest and the rights of people to go about their everyday business and for them to enjoy Parliament Square. A proposal to repeal the provisions of the 2005 Act was included in the Constitutional Reform and Governance Bill. That proposal fell in the wash-up at the 2010 general election.

In looking at the Government's proposals we have some questions to raise, simply to test whether they are likely to achieve their objectives. It would certainly be helpful if the Minister could define the problem that the Government feel that their proposals will address, and to define the harm that the Government are trying to deal with. The Government’s proposals are, in many ways, similar to the provisions of the Serious Organised Crime and Police Act but they apply to a much smaller area, namely Parliament Square. How did the Government decide that Parliament Square should be the limit of the area to which their proposals should relate? Although he is not in his place, the noble Lord, Lord Blencathra, had amendments proposing, as I understand it, to include Abingdon Green. How would the situation be addressed if those protesting—the permanence of existing protests is an issue—moved just outside the area of Parliament Square?

Do all the parties directly involved support the Government’s proposals, including the Greater London Authority, Westminster City Council, the Metropolitan Police and indeed the House authorities here? Are there any areas of disagreement over the scope or the practicality of the proposals?

We recognise that this is not an easy issue to resolve and that at the end of the day it will not just be about what is or is not in the Bill or any associated documentation. It is also about the degree of common sense—which, hopefully, will be considerable—that will be applied by all concerned in implementing the powers in the Bill.