Protest Measures

Debate between Lord Walney and Lord Sharpe of Epsom

Tuesday 13th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings, but there is a loophole, in that an individual could follow the direction of an officer to remove their face covering but then move to a new area and redeploy the face covering. We are trying to close that loophole. I take the most reverend Primate’s point about minorities and so on, but, as I have tried to explain, this is being applied to protests only where there is an authorisation in place, so it is time-limited and very specific.

[Lord Walney (CB)]

My Lords, I welcome this package, a number of measures in which I recommended in my role as the Government’s independent adviser on political violence and disruption. Can the Minister say more about how the Government intend to mitigate the Ziegler judgment, which is a very welcome commitment on the part of the Government to make it clear that protest is not sufficient justification for criminal acts such as vandalism and disruption of highways?

[Lord Sharpe of Epsom (Con)]

The noble Lord asks a very good question, because this is about, effectively, reasonable excuse. The Ziegler judgment held that obstructive protests that intentionally cause disruption can be protected by Articles 10 and 11 of the ECHR. That means that those who purposefully disrupt the daily lives of others can escape justice under the guise of protest. Our amendments will mitigate the impact of this judgment and ensure that those who deliberately disrupt others by obstructing the highway cannot rely on protest before the court as a reasonable excuse using the definitions defined under the PCSC Act.

Policing of Marches and Demonstrations

Debate between Lord Walney and Lord Sharpe of Epsom

Monday 13th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

On the second part of the question, the previous Home Secretary did not interfere with the operational independence of the Metropolitan Police. On the first part, I have not yet spoken to the new Home Secretary, but I wish him very well in his new role.

[Lord Walney (CB)]

My noble friend is right that there has been an explosion of anti-Semitism in the capital and across the UK since 7 October. These marches are at the very least a factor in aggravating that. If the police, in exercising their judgment, feel that there is not sufficient trigger at the moment to say that there is a threat of serious public disorder, which is the current bar, is there not a case for re-examining the bar for asking for these marches to be banned, so that the cumulative effect on many members of the Jewish community can properly be taken into account?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a very good point. The Home Secretary has reserve powers and some legislative tools that enable intervention and direction, but those powers may be used only in line with statutory tests and public law principles and in very exceptional circumstances. The Metropolitan Police has not asked for that sort of intervention. He is quite right that the Government have been in regular contact with the police over the use of their powers to manage protests. Where we identify gaps in the legislation, we will seek to address them. As was widely reported this morning, that is still under review.

Contest: UK Strategy for Countering Terrorism 2023

Debate between Lord Walney and Lord Sharpe of Epsom

Monday 24th July 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord raises a couple of interesting points. On the subject of Prevent, the Government have indicated that they will implement all the recommendations, to which the noble Lord referred. It is perhaps worth restating the sources of terrorist threats. As the noble Lord noted, about 67% of attacks since 2018 have been Islamist, which represents three-quarters of the MI5 caseload and about 64% of those who are currently in custody. However, 22% of attacks since 2018 have been by extreme right-wing terrorist organisations. They represent about a quarter of the MI5 caseload and about 28% of those in custody for terrorism-related offences.

As regards whether Prevent is in some way ineffective, and perhaps stigmatises certain communities, we should also look at the success here. The Channel cases to which my noble friend referred just now, and which I also mentioned, represent 13% of referrals, and of those, 89% of the individuals exited with no further radicalisation concerns. I think we should be reasonably reassured that Prevent works.

[Lord Walney (CB)]

Further to the question of the noble Lord, Lord Harris, the commentary around the revised Contest strategy makes clear that the Government believe that the proportion of referrals to Channel from those at risk of Islamist radicalisation is artificially low. Can the Minister confirm that that is the case? What is the plan to address that issue?

[Lord Sharpe of Epsom (Con)]

I fear I cannot confirm whether that is the case. I will find out the answer and write to the noble Lord.

Iranian Islamic Revolutionary Guard Corps

Debate between Lord Walney and Lord Sharpe of Epsom

Tuesday 23rd May 2023 Lords Chamber

[Lord Walney]

To ask His Majesty’s Government whether they intend to proscribe the Iranian Islamic Revolutionary Guard Corps.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, the Government take the threat of the IRGC very seriously, and continue to condemn its actions. The Government will always consider the full range of powers available, including our robust counterterrorism powers, such as the proscription tool, where appropriate, to address the threat posed by Iran and the IRGC.

--- Later in debate ---

[Lord Walney (CB)]

I thank the Minister for that Answer. It is now more than four months since the House of Commons passed a resolution universally in favour of the proscription of the IRGC. This is an organisation which is committed to armed resistance against Israel—exactly the same grounds on which the Government have proscribed Hezbollah. Our intelligence services are clear that it is committed to kidnappings and killings on UK soil. There must be an argument within government not to do this. Can the Minister enlighten the House on what that is? It seems very obvious to many Members across both Houses that it should be proscribed.

[Lord Sharpe of Epsom (Con)]

It might help if I explain what has been done. Over 300 Iranian individuals and entities have been sanctioned for activities, such as human rights violations, including 70 since October of last year. Other activities include nuclear proliferation, support to Russia and various regional activities. As an entity, the IRGC was designated in its entirety under the Sanctions and Anti-Money Laundering Act 2018. More than 30 new designations of IRGC-related organisations and officials have been made by the FCDO since October 2022. The Government keep the list of proscribed organisations under review, but I go back to my earlier answer: while considering the range of available powers, we will continue to make use of the robust counterterrorism powers, including the proscription tool, where appropriate.

National Security

Debate between Lord Walney and Lord Sharpe of Epsom

Wednesday 2nd November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I agree with the noble Viscount—it absolutely does have aspects which relate to national security. I go back to what I said earlier when I quoted my honourable friend in the other House. This is not just a task force for the Government. It will be cross-departmental and inter-agency and he will be inviting cross-party co-operation. The noble Viscount makes a strong case for his committee’s involvement in that area.

[Lord Walney (CB)]

The reports of unofficial Chinese police stations in the UK and other allied nations are deeply alarming and have rightly been roundly condemned by the Security Minister. If the reports prove to be accurate, and these are not immediately disbanded, is there not a very strong case for co-ordinated action across our allies to impose sanctions on the Chinese Government for doing this?

[Lord Sharpe of Epsom (Con)]

The noble Lord is right to point out that these reports apply not just to the UK. I believe that one suspected institution of this type has already been closed down overseas. I think he makes a strong case, but I do not know the progress of the investigation, so I cannot comment as to how they might be shut down.