Public Order

Alison Thewliss Excerpts

Monday 12th June 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

I want to start where the hon. Member for Crewe and Nantwich (Dr Mullan) left off: with the suffragettes. The suffragettes protested their cause for decades because this place did not listen to them, and many people feel that way about this Parliament and this Government—that they are not listened to. That is why people make the protests that they do. I recommend that the hon. Gentleman goes along to the Admission Order Office off Central Lobby and reads some of the experiences of those suffragettes, and what they had to do to get their cause heard. They got the vote after many decades because this place ignored them.

That is the crucial point, because what the Home Secretary is saying today is that people can protest, but only in the way that she wants them to. It is the latest response to the evolving nature of protest across these islands. It is as if the Home Secretary is playing some game of whack-a-mole, but whack-a-mole is not a mole eradication strategy: it just means that you keep going, squeezing down on the bubbles in the wallpaper forever. It will not actually change the attitudes of people who are so despondent at the way in which this Government are behaving that they feel that they have to go out and cause this disruption. They do it not for social media clicks, but because they think their cause is important and worthy of attention.

[Sammy Wilson]

For many of these people who are out protesting—Just Stop Oil, for example—it is not that they are appalled at the fact that we use fossil fuels, since they sometimes fly halfway around the world to join those protests. It is simply because of their sanctimonious attitude that their views are more important than others’, and that they are entitled to disrupt the lives of ordinary people.

[Alison Thewliss]

The right hon. Gentleman makes an interesting point. I would take a lot more from him if he actually believed climate change was real in the first place, before he starts lecturing other people.

The UK Constitutional Law Association has described this statutory instrument as

“an audacious and unprecedented defiance of the will of Parliament.”

This Government are bringing in things through this SI that they could not get through in legislation. The UKCLA says that

“The Government set about drafting regulations that would reverse the defeat in the House, relying on Henry VIII powers to amend the Public Order Act 1986 conferred by the Police, Crime, Sentencing and Courts Act 2022. These draft regulations were laid before the Public Order Bill had even completed its Parliamentary stages. In this way, the Government sought to obtain through the back door that which it could not obtain through the front.”

That goes to the heart of this shoddy process this afternoon.

While this regulation is an England and Wales regulation, it does have implications for my constituents and other people from Scotland who wish to come and protest. If the WASPI women campaigners in my constituency wanted to come down here to complain about the injustice of having their state pension robbed from them by consecutive Westminster Governments; if they wanted to protest outside Parliament, as they have done on many occasions; and if they wanted to invoke the spirit of Mary Barbour, to bang pots and pans and stand in the road outside of this building, they would not be protected just because they are Scottish. They would be at risk of causing serious disruption under these regulations and would be lifted by the police forthwith. They would be at risk of causing serious disruption under these regulations and would be lifted by the police forthwith. That goes to the heart of these proposals. Those actions are just and important, and they want to draw attention to that injustice.

[Kit Malthouse]

Will the hon. Lady give way?

[Alison Thewliss]

No, the right hon. Member has been extremely obnoxious to me many times in the past, so I will not take his intervention.

Groups, including Liberty, have pointed out that these are not insignificant changes. Liberty says that the Government’s attempt to redefine serious disruption from “significant and prolonged” to “more than minor” is

“effectively an attempt to divorce words from their ordinary meaning in ways that will have significant implications for our civil liberties.”

The statutory instrument refers to

“the prevention of, or a hindrance that is more than minor to, the carrying out of day-to-day activities (including in particular the making of a journey)”,

but what is “minor”? We do not know. Is a couple of minutes late “minor”? What is “more than minor”? Is that 10 minutes late rather than five minutes late? There is nothing in these regulations to say. They will give significant discretion to the police to figure out exactly what is “minor” and what is “more than minor”, because nobody can really tell us.

[Dr Mullan]

There is an offence called “drunk and disorderly”. Disorderly can have any number of meanings. The common law legal system over time has sought to define it more narrowly and the police operationalise that. Why does the hon. Lady not think that that could be done in exactly the same way with this offence?

[Alison Thewliss]

Because the regulations are extremely unclear and extremely discretionary. [Interruption.] It is not clear at all in the regulations what is “minor” and what is “more than minor”, and neither of those things seem to me to be serious disruption. “More than minor” is not the same as serious disruption.

The regulations also refer to a “community”, which

“in relation to a public procession in England and Wales, means any group of persons that may be affected by the procession, whether or not all or any of those persons live or work in the vicinity of the procession.”

What does “affected” mean? Does that mean people saw it on the TV and they were upset by it? How are they “affected”? Again, that is unclear in the regulations, which will give police officers a huge amount of discretion to carry out the enforcement of this pretty lousy legislation.

[Mr Carmichael]

The hon. Member for Crewe and Nantwich (Dr Mullan) says that we have a common law system whereby common law offences are defined by precedent over many years—sometimes centuries. We are dealing here with a statutory instrument, and statutory instruments are different. That is why in the normal course of things, well-drafted legislation coming before this House has an interpretation section that defines such terms. Can the hon. Lady think of any good reason why we would not have a definitions section in this SI?

[Alison Thewliss]

The right hon. Gentleman’s point is correct, and it seems clear to me that not having a definitions section suits the Government perfectly. It will make it incredibly difficult for any police officer to do their job in these circumstances, which is why the police are perhaps a bit nervous about it.

Liberty points out that the police could consider, for example, that a static assembly outside of a train station by a trade union could result in a more than minor delay to access to public transportation. The police could subsequently impose a condition that the trade union cannot protest outside the train station, even though they are trying to protest against that particular employer. People therefore might be sent a way off somewhere else and have to say, “Instead of standing at Central station, we will go and protest at Glasgow Green.” That is just not logical and would make no sense in Glasgow, just as it makes no sense in this legislation here in Westminster. It is why the House should have nothing to do with this legislation.

I do not want to detain the House unduly, because I know that other Members want to speak, but this legislation is flawed and wrong. The Home Secretary mentioned people taking things into their own hands, but people are doing that because they are egged on by a lot of the rhetoric coming from those on the Government Benches and from the press. I have seen people being hauled out of the way and hit in some of the footage that has been shown, and that is disturbing. This Government suggest that people can protest only in a way that suits them, not in the way that people want to make their voice heard in this democracy.

The only slow walking we should be concerned about in this place is the slow walk on which the Government are taking this House towards a lack of democracy and fascism. Independence is now the only way that Scotland can be assured that our right to protest will be retained.