Alison Thewliss
Main Page: Alison Thewliss (Scottish National Party - Glasgow Central)Department Debates - View all Alison Thewliss's debates with the Home Office
(1 year, 7 months ago)
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Mr Deputy Speaker (Mr Nigel Evans)
Order. The Front Bench there is reserved for His Majesty’s official Opposition. I would be delighted to suspend the House for 10 minutes so I could go and have a cup of tea, but I am sure hon. Members will take their usual positions in order that we can start the second Opposition day motion on behalf of the SNP.
4.52 pm
Alison Thewliss (Glasgow Central) (SNP)
I beg to move,
That this House believes that the Public Order Act constitutes a serious infringement on the rights of the people to protest; and makes provision as set out in this Order:
(1) On Tuesday 23 May 2023:
(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that Order) shall not apply;
(b) any proceedings governed by this Order may be proceeded with until any hour, though opposed, and shall not be interrupted;
(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private);
(d) at 12.30 pm, the Speaker shall interrupt any business prior to the business governed by this Order and call the Leader of the Scottish National Party Westminster Group or another Member on his behalf to present a Bill concerning the repeal of the Public Order Act 2023 of which notice of presentation has been given and immediately thereafter (notwithstanding the practice of the House) call a Member to move the motion that the Bill be now read a second time as if it were an order of the House;
(e) in respect of that Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time;
(f) any proceedings interrupted or superseded by this Order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.
(2) The provisions of paragraphs (3) to (18) of this Order shall apply to and in connection with the proceedings on the Bill in the present Session of Parliament.
Timetable for the Bill on Tuesday 23 May 2023
(3) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at the sitting on Tuesday 23 May 2023 in accordance with this Order.
(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 4.00 pm.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) at 7.00 pm.
Timing of proceedings and Questions to be put on Tuesday 23 May 2023
(4) When the Bill has been read a second time:
(a) it shall, notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme Order), stand committed to a Committee of the whole House without any Question being put;
(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(5) (a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (3), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment, new clause or new schedule selected by the Chairman or Speaker for separate decision;
(d) the Question on any amendment moved or Motion made by a designated Member;
(e) any other Question necessary for the disposal of the business to be concluded; and shall not put any other Questions, other than the Question on any motion described in paragraph (15) of this Order.
(7) On a Motion made for a new Clause or a new Schedule, the Chairman or Speaker shall
put only the Question that the Clause or Schedule be added to the Bill.
Consideration of Lords Amendments and Messages on a subsequent day
(8) If on any future sitting day any message on the Bill (other than a message that the House of Lords agrees with the Bill without amendment or agrees with any message from this House) is expected from the House of Lords, this House shall not adjourn until that message has been received and any proceedings under paragraph (9) have been concluded.
(9) On any day on which such a message is received, if a designated Member indicates to the Speaker an intention to proceed to consider that message—
(a) notwithstanding Standing Order No. 14(1) any Lords Amendments to the Bill or any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly;
(b) proceedings on consideration of Lords Amendments or on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under subparagraph (a) shall thereupon be resumed;
(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private) in the course of those proceedings.
(10) Paragraphs (2) to (7) of Standing Order No. 83F (Programme Orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings on consideration of Lords Amendments to a conclusion as if:
(a) any reference to a Minister of the Crown were a reference to a designated Member;
(b) after paragraph (4)(a) there is inserted—
“(aa) the question on any amendment or motion selected by the Speaker for separate decision;”.
(11) Paragraphs (2) to (5) of Standing Order No. 83G (Programme Orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings on consideration of a Lords Message to a conclusion as if any reference to a Minister of the Crown were a reference to a designated Member.
Reasons Committee
(12) (a) Paragraphs (2) to (6) of Standing Order No. 83H (Programme Orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order as if any reference to a Minister of the Crown were a reference to a designated Member.
(b) The composition of the committee shall (notwithstanding the practice of the House) have three members from the government, three members from the largest opposition party and one member from the second largest opposition party.
Miscellaneous
(13) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings on the Bill to which this Order applies.
(14) (a) No Motion shall be made, except by a designated Member, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(15) (a) No dilatory Motion shall be made in relation to proceedings on the Bill to which this Order applies except by a designated Member.
(b) The Question on any such Motion shall be put forthwith.
(16) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(17) No private business may be considered at any sitting to which the provisions of this Order apply.
(18) (a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which proceedings to which this Order applies are to take place shall be postponed until the conclusion of any proceedings to which this Order applies.
(b) Standing Order 15(1) (Exempted business) shall apply in respect of any such debate.
(19) In this Order, “a designated Member” means—
(a) the Leader of the Scottish National Party in this House; and
(b) any other Member acting on behalf of the Leader of the Scottish National Party in this House.
Honestly, I think it would have been quite sensible for the SNP to fulfil the Opposition role in this place, Mr Deputy Speaker, because it would appear that His Majesty’s Opposition are not bothering to turn up this afternoon for this desperately important debate.
The Public Order Act 2023 is a massive overstep in power. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) has said, it is
“a draconian and utterly unjustified attack on protest rights.”—[Official Report, 7 March 2023; Vol. 729, c. 209.]
The right to freedom of peaceful assembly and association are fundamental human rights. The Public Order Act, both in the letter and in the application, which we saw during the coronation, not only undermines that right—it totally and completely shreds it.
Wendy Chamberlain (North East Fife) (LD)
I am interested that the SNP has chosen to utilise its Opposition day debate to discuss an Act with limited applicability in Scotland. I accept that Scots travelling to other parts of the UK would be subject to the Act, and police officers in mutual aid activities, but can the SNP Front-Bench spokesperson explain why the Scottish Government approved some of the Bill via legislative consent, although to a very limited extent? I would like to understand why the Scottish Government agreed to do that, given what is clearly very strong opposition to it in this place.
Alison Thewliss
The hon. Lady makes the most important point: although the Bill’s territorial extent is England and Wales, anybody who comes to this city to protest—it could be any of our constituents, or any of us—falls under the remit of the Act. It does not discriminate by where someone is from. An Australian could end up getting arrested by accident. Any person who happens to be in the city and in the wrong place at the wrong time, or in the right place at the right time—exercising their right to protest—could end up in a jail cell because of the Act.
Peter Grant (Glenrothes) (SNP)
Is not the most important point that a lot of the things that our constituents in Scotland want to protest about are bad decisions taken in this place by the Government here? Quite rightly, they want to come to this Parliament to protest against the actions of this Parliament. To do so now, they have to put themselves at risk of being arrested simply for being in the wrong place at the wrong time.
Alison Thewliss
I absolutely agree. That is the dangerous nature of the Act.
Freedom of assembly in the UK now exists on the Government’s terms—when the Conservative party deigns to give that right. That right is now so conditional as to be meaningless. In my life, I have—like many of my colleagues—joined many protests, including the Make Poverty History march through the streets of Edinburgh, and protests and marches against the Iraq war. As a member of Scottish CND, I have protested outside Faslane. For migrant rights, I have protested on Brand Street and Kenmure Street. I protested against Labour’s school and nursery closures some years ago in Glasgow, for self-determination in Kashmir, and in support of Pride.
Alison Thewliss
I would like to know what protests the Minister has joined in his time. That would be very informative for the House.
Chris Philp
I often protested against the outrageous actions of the former Labour council in Croydon, which my constituency neighbour, the hon. Member for Croydon Central (Sarah Jones), knows all about. The hon. Member for Glasgow Central (Alison Thewliss) says that the right to protest has been all but extinguished, but the facts manifestly contradict that. During the coronation, which she is no doubt about to refer to, hundreds of people protested peacefully and lawfully. Moreover, on a daily basis—including certainly yesterday, and possibly today—Just Stop Oil protests lawfully in London. So her claim that protest has been all but outlawed is completely untrue.
Alison Thewliss
The legislation is having a chilling effect on people’s ability to protest. The Minister knows that that is the case because that is the very purpose of the legislation.
I will go on. I have campaigned for the self-determination of Kashmir; I have supported the protest that is Pride; I supported the March of the Mummies along Whitehall; I have supported the Women Against State Pension Inequality campaigners, who have campaigned outside this building against the atrocious loss of their pension rights; I have joined trade union demos; I have joined protests in support of those excluded from the Government support scheme; I have campaigned alongside people protesting about the Government’s intransigence on contaminated blood; I have protested on the side of the paragraph 322(5) highly skilled migrants the Home Office sought to remove for no good reason; and I have joined regular demonstrations in my constituency in Glasgow, including in George Square, on the Buchanan Street steps and on Glasgow Green. Like everybody on the SNP Benches, and the many thousands of SNP members and independent supporters over generations, I have protested the radical and necessary aim of Scottish independence and breaking up this failing British state.
Alison Thewliss
If the hon. Gentleman wants to tell me which protests he has joined, I would be glad to take his intervention, too.
Dr Evans
I am more interested in asking whether the hon. Lady has ever considered supergluing herself to any particular item during her extensive campaigning and protesting. If so, does she believe that that is right thing to do, and if not, should not the legislation be in place?
Alison Thewliss
People should have the right to protest in the way they see fit. This Government are running scared of protesters, who have had to take radical steps because the Government are not listening to their legitimate concerns.
Alison Thewliss
I will make some progress.
When it came to the protests and the rest of the coronation, I was appalled and outraged, but not surprised. It is no coincidence that the Act got Royal Assent four days before the coronation—that is the state that we are in. When a self-declared royal super-fan can be arrested by accident, there is very little hope for anybody else. I am referring to Alice Chambers, who said that she tried desperately to tell the police that she was not with the group of Just Stop Oil protesters as she waited to watch the coronation on The Mall. She was repeatedly questioned over 13 hours, subject to physical searches, held in a cell and had her DNA, fingerprints and mugshot taken, before the Met finally realised that she was nothing but an innocent bystander. She said that it was not until two senior officers interviewed her at 7 pm, more than 10 hours after she was arrested, that they finally acknowledged they had made a mistake. As far as I am aware, she is yet to receive an apology.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The hon. Lady is making a powerful argument about the effect on innocent bystanders. The Public Order Act; the Police, Crime, Sentencing and Courts Act 2022; voter ID—the list of anti-democratic laws passed by the Conservatives grows longer and longer, and there will be many innocent bystanders affected. The Tories have not won a general election in Wales for well over 150 years, and these laws therefore have no mandate from the people of Wales. My party wants to create a fairer justice system that truly serves our people. I am sure she agrees that if justice were devolved to Wales, as is the case in Scotland, many of these authoritarian new laws would never be able to be applied by this Government in Wales.
Alison Thewliss
I absolutely agree with the point that the right hon. Lady is making on behalf of the people of Wales who are affected by this Act.
The point about innocent bystanders—
Alison Thewliss
I want to finish this point, if that is okay with the hon. Member.
Ms Chambers, an Australian national, says that she has lived in the UK for seven years and was told she would face no further action by the police, but she does not yet know exactly what impact this will have on her right to live in the UK, because her arrest on suspicion of a criminal offence will remain on her record on the police national computer, and she is required to make an application supported by evidence to have the record removed. I ask the Minister, what happens to people in these circumstances? This could affect many people under question who would have the right to remain in the UK. I know of people who have gone through a red light or committed some other minor offence and have not been not allowed to stay, so somebody arrested under this Act could well find that that has a negative impact on their ability to stay in the UK.
Sir Julian Lewis
I have a lot of time for the hon. Lady, and therefore I will share with her a guilty secret: 41 years ago, I was arrested for mounting a noisy counter-protest against a CND-sponsored demonstration against the Falklands taskforce that was on its way to the South Atlantic. The police recognised that they had gone a bit far. Nevertheless, when we did future rooftop counter-demonstrations, they would monitor the amount of noise we made and tell us, “You go above that noise, and we’ll confiscate your equipment and possibly arrest you. You keep within reasonable bounds, and you can carry on.” Does she accept that there are ways of protesting that do not involve disrupting everybody else but get the case across, and that is how it should be?
Alison Thewliss
I am glad to find that somebody on the Government Benches has protested against something before. It must be true that you get more conservative as you get older. The difficulty with the point that the right hon. Gentleman is making is that, with reference to the offence of locking on, the Act talks about “serious disruption” to “two or more individuals”. That is a very, very low bar to set for disruption. When it comes to noisy protest, people are trying to make a noise—they are trying to draw attention to their cause. Restricting that in any way makes that incredibly difficult.
Alison Thewliss
I would like to make some progress.
The point of protest is to attract attention to a cause, and the more difficult it is to attract attention to a cause, the more it undermines the very principle of that protest in the first place. One of my hon. Friends was talking earlier about somebody who was making a racket outside this building. That is not counted as a noisy protest, but it is quite disruptive. There are all kinds of things in life that we have to put up with and deal with. We have to be grown-ups and be able to deal with a noisy protest; that is quite fair.
Patricia Gibson (North Ayrshire and Arran) (SNP)
My hon. Friend is making a wonderful speech showing the problems with the legislation. Does she share my concern that this Act is yet another attack on trade unions and the right to strike, because in their demonstrations about industrial unrest, they often make a bit of noise and gather together in large numbers? This is also yet another insidious attack on freedom of labour.
Alison Thewliss
I absolutely agree with my hon. Friend. The people who were on PCS demonstrations in my constituency a few weeks ago were certainly making their voices loud and clear, and it is important that they do so. They were also having people honking their horns when they were going past—I do not know whether that falls within the ambit of the Act, but they were certainly getting support for their point.
Alison Thewliss
I will come to the hon. Gentleman, but I have a train of thought going on.
Alison Thewliss
I would like to just finish the point I am making to the Minister, and then I will let the hon. Gentleman come in on this point. I have laid out my past history of protest for a very good reason: I have previous on this. I have not been arrested at any of those demonstrations, but I am sure that my name is in a file somewhere—perhaps the Security Minister might tell me—for having protested outside Faslane, for example.
Alison Thewliss
Perhaps it is now—who knows? My name may be on a file. The police may say, “This person has form for having protested before. She could be a risk; she could present a threat.” I am an SNP Member with the stated aim of wishing to break up the British state; some may consider that a threat. I am wearing a necklace today that says “Not my King”; had I been walking down The Mall at the coronation, perhaps that would have been cause for me to be arrested. Would the Minister consider that to be a threat? I have a belt on this dress; is that considered a locking-on device now? Can I tie myself with a very firm knot to a lamp post—would the Minister consider that a threat under the Act? If he would like to intervene on me now about all of those things I would be very interested to hear whether he would consider me a threat liable to be arrested under the Act.
Chris Philp
I am grateful to the hon. Lady for listing all of the items about her person, but if she looks at section 2 of the Act, she will see that subsection (1) requires there to be an intention. In order for her to have committed an offence, there would have to be an intention for her to lock on, and while I am sure she could use her belt in any number of inventive ways, I doubt that there would be an intention to lock on.
In relation to the point about industrial disputes and trade unions made in an intervention by one of the hon. Lady’s colleagues, I remind the House—as I did during the passage of the Act just a few weeks ago—that industrial disputes and trade union actions, strikes and so on are expressly excluded from the provisions of the Act.
Alison Thewliss
I am very interested in what the Minister said about intention, because the Republic protesters who found themselves getting arrested had no intention—in fact, they had been negotiating in advance with the police on this issue. It was suggested that the string that they had to tie up their placards with was a locking-on device, despite the organisation having no history of using locking-on devices as part of their protest. If those people, who had no intention and no history of doing such things, ended up getting lifted by the police, I suggest that the Act has no reassurance to offer to anybody in any circumstance where they might be considered a risk.
James Daly
I like the hon. Lady very much—we sit on the same Select Committee—but I am unsure of the point that she is making. When we talk about peaceful protest, we are talking about non-violent protest. If she can point to any wording in the Public Order Act that restricts the right to non-violent protest, I would welcome that, but I can tell her the answer: there is nothing. This debate is not about whether there are restrictions on peaceful protest, but about whether we agree on the specific restrictions that are in the Public Order Act, and also in other pieces of legislation. There are different pieces of legislation that address different types of behaviour—that is what criminal statute is about.
Alison Thewliss
As the hon. Gentleman knows, we will be taking evidence on this issue in the Home Affairs Committee tomorrow from people who were arrested under this very legislation, who had no intention of being violent or anything of that kind. It will be interesting to hear from them what they say about the operation of the Act in practice.
Joanna Cherry (Edinburgh South West) (SNP)
One of the witnesses who will be giving evidence to the Home Affairs Committee tomorrow is Adam Wagner, a respected barrister. He said that the difference between the old law and this Act is that previously the touchstone for interference with the right to protest was when disruptive protest spilled over into a threat to public order and violence. Now, disruption is in and of itself defined in the criminal law as a threat to public order. That is an independent barrister giving an answer to the question asked by the hon. Member for Bury North (James Daly), is it not?
Alison Thewliss
It certainly is. When we look at how the Act has operated in its first outing, we know that although it is working as the Government intend, it is not working as some people claim it is.
Angus Brendan MacNeil
The hon. Member for Bury North (James Daly) and the Minister at the Dispatch Box mentioned intentions, which would be fine if intentions could not be misread, deliberately or otherwise. The fact that they can leaves a serious weakness in the Act.
Alison Thewliss
My hon. Friend is absolutely right. When we talk about intentions, we are almost in the dystopian area of pre-crime, guessing what people’s intentions might be. With strings around placards or a cyclist walking along with a bicycle chain, it is difficult to establish those intentions. It is clear from the coronation weekend’s activities that the measure is insufficient. The Bill should never have been brought to Parliament in the first place, given that it was just a repackaging of the measures that were already rejected during the passage of the Police, Crime, Sentencing and Courts Act 2022. Rather than accepting the democratic will of Parliament, the Government reintroduced the provisions later in the Public Order Bill, now the Public Order Act 2023. It is clear to me that the Government are seeking to crack down on protesters and protest without looking at the very reasons for that protest. It is very much a knee-jerk reaction.
I come now to the position of His Majesty’s official Opposition, such as it is. The Leader of the Opposition, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), instead of saying that this Act should be repealed, said that we need to let it “bed in”. The shadow Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy) has said:
“We can’t come into office, picking through all the Conservative legislation and repealing it…It would take up so much parliamentary time.”
I am giving the official Opposition the opportunity today: here is some parliamentary time, and here is the opportunity to repeal the Act. Why will they not come forward and support us in the Lobby tonight?
The shadow public health Minister, the hon. Member for Denton and Reddish (Andrew Gwynne), told Sky News that the Opposition would
“look very carefully at this legislation”,
and the police would appear to have been “heavy-handed” in their approach during the coronation, but he refused to go as far as to commit to scrapping the Act. The Opposition are not opposing the restrictions on the right to protest, and their dithering is enabling it. They have said they are a Government in waiting, but today, on this piece of legislation, as with so many others, they are simply looking like gormless Tory sidekicks.
The Public Order Act 2023 was a petulant, vindictive, knee-jerk reaction from a UK Tory Government who are hellbent on undermining human rights and ignoring international legal obligations. It is a pattern of behaviour, and Scotland wants no part of it. The failure of Labour to stand up against this erosion of human rights and to commit to scrapping the Bill, along with the anti-trade union laws and the Illegal Migration Bill, will gain them no votes in Scotland. It will only reinforce the urgency of independence and of getting rid of this toxic Westminster Government and its successors once and for all.