Crime and Policing Bill

Debate between Lord Strasburger and Baroness Jones of Moulsecoomb

Report stage
Wednesday 18th March 2026 Lords Chamber

[Lord Strasburger (LD)]

My Lords, I have prepared a full speech on three amendments in this group and the Government’s behaviour regarding the proscription of Palestine Action. I have signed Amendments 420, 422A and 422B, which, if agreed, would prevent the naked politicisation of terrorist legislation ever happening again. However, I recognise that noble Lords are anxious to get on with discussing other matters, and that we are facing a long journey into the small hours.

Furthermore, the noble Baroness, Lady Chakrabarti, and the noble Viscount, Lord Hailsham, have ably covered much of what I would have said, so I will confine myself to pointing out that the Government’s decision to proscribe Palestine Action was wrong in principle and dangerous in effect. It stretched terrorism powers to crush a protest movement, not a terrorist organisation, with a chilling effect on our core democratic rights. It felt highly disproportionate when it was being debated in this House, and that was later confirmed by the High Court. No wonder the Government needed the crude political stunt of bundling Palestine Action together with two obviously terrorist groups to force it through Parliament.

These amendments matter because proscription decisions must be, and must be seen to be, grounded, proportionate and evidence-based. These amendments protect our security while honouring Parliament’s duty to scrutinise some of the gravest powers that we give to the Government. I suspect that the proposers of these amendments may judge that the House would prefer to move on to other matters, and so may not call Divisions on them. I hope that they do but, if not, I will have to satisfy myself with the hope that the derision heaped on the Government for the proscription of Palestine Action—and the embarrassment of watching 2,700 peaceful and mostly elderly protesters being arrested on terrorism charges—will be enough to deter this or any future Government from repeating this folly.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak to Amendments 420 and 422B, both of which I have supported. I go to a lot of events where the right to protest is debated, and people are quite shocked when I describe how this Government bundled three organisations together so that they could push through the proscription of Palestine Action. It does not look just or fair. They do not even have to be similar or connected, as these three were not. It was interesting to listen to the entertaining noble Lord, Lord Blencathra, running through the debate on whether to proscribe Palestine Action.

These amendments are about the process: about how it is done and whether it is done in a proper way. It is not proper scrutiny and it is not what this House is for when we have a blunt choice to accept or reject all three. That is not a sensible system. Proscription is a really serious step: it criminalises people for association, for support and even for what they say. Such decisions deserve to be looked at carefully, case by case, and not rushed through or passed in a job lot. If the Government are confident in their decisions about what is and is not a terrorist organisation—I assume they were confident about Palestine Action—they should have no problem with each one being judged on its own, not in a job lot.

The amendment from the noble Viscount, Lord Hailsham, comes down to something quite simple. These are very big decisions that can criminalise association, affect livelihoods and follow someone for years. If we are being asked to approve that, we should be properly informed—but we were not; we had to take the Minister’s word for it and we did not have the information. We are asked to nod things through without seeing the full picture. I do not think that is a very comfortable position for your Lordships’ House to be in.

Ensuring that Parliament has a clear and well-informed picture is the whole point of this. It also adds a bit more balance. At the moment, these decisions are taken by Ministers. It need not get in the way of a fair decision, or allowing things to move quickly. If there is urgency the Government can act, but they still have to come back and justify that decision properly afterwards. It is about making sure that when we take serious decisions, they are justified on the facts, not just on suppositions.

Public Order Legislation

Debate between Lord Strasburger and Baroness Jones of Moulsecoomb

Tuesday 2nd September 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

[Lord Strasburger (LD)]

My Lords—

Investigatory Powers Bill

Debate between Lord Strasburger and Baroness Jones of Moulsecoomb

Monday 11th July 2016 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 25 and declare an interest as the mother of a journalist. I also apologise for not having spoken at Second Reading; I was not able to be here. My only concern with Amendment 25 is that it does not go far enough and there is no “reasonable suspicion” test. We must remember that journalists often uncover some pretty heinous crimes and pretty awful stories. While we often talk about the damage they do and the crimes they commit, they also do some incredibly valuable work for our society, so I think this an extremely important amendment.

[Lord Strasburger]

My Lords, my name is also to this amendment. I shall not detain the House for very long. There is one aspect of this that I do not think has been mentioned: without protection for the anonymity of whistleblowers, far fewer will come forward and expose themselves to the revenge of their employers or others in powerful positions. There is ample evidence of whistleblowers being severely victimised, so anonymity is essential. Without whistleblowers, wrongdoing and cover-ups in the private and public sectors will go unreported and uncorrected, and that outcome is to the detriment to all of society, particularly those who lack a loud enough voice to be heard when things go wrong.

In recent years we have seen many cases of legislative arbitrage by the police in order to use powers that were never intended for the purpose of discovering journalists’ sources, finding ways to do so with the fewest protections. The “plebgate” scandal was a particularly graphic example, where RIPA was misused to find the source of a story in the Sun. Journalist’s phones on the Sun’s newsdesk were investigated by the police and their communications data were obtained. Under RIPA this was, of course, completely self-authorised; there were no external checks on what they were doing.

I believe that the Bill actually reduces the protection for journalists’ sources in the case of interception of communications and communications data. It provides no protection at all against the use of other surveillance powers, especially equipment interference. Amendment 25 seeks to rectify these shortfalls; I do not believe it is perfect yet, but it is a good start.