(2 years, 6 months ago)
Public Bill CommitteesQ
John Groves: I come back to the tunnel point I made earlier. I assume that those that participate in going on to land and trespassing on land and digging tunnels know that they are breaking the law. but they do not see the current law as a significant deterrent to stop them from doing that. The police will always seek the balance between lawful protest and the rights of the landowner or whoever. Invariably, that often means issues with access to sites.
Access to some of our sites has been delayed for about eight hours. We cannot do any work. We cannot move vehicles in or out of our sites, because protesters are sat down outside at the access point, sometimes locked on, sometimes not. The police are there but they will not take action because they are allowing the right to protest. Because the protestors are not on HS2 land, we cannot do anything about that. We cannot move them on—on the public highway, only the police can move them on.
My sense is that this Bill, if enacted, will provide a deterrent effect for the protestors. I come back to the safety point—I am sorry to keep going on about tunnelling. Four people in a tunnel is such a serious thing; I am concerned that we will have a fatality at some point in the future. We have been really lucky. We have had four or five tunnel incidents and we have yet to have any serious injury, but I suspect it will come one day, if it continues in the way it is going. If we look at our data, we are seeing protestors turning to tunnelling more readily. In the operation we have just run, there were four shafts on one piece of land; they moved on to another piece of land very quickly and they started to dig a tunnel. We were able to get in quickly and move them on. That is my principal concern.
(2 years, 6 months ago)
Public Bill CommitteesQ
John Groves: I come back to the tunnel point I made earlier. I assume that those that participate in going on to land and trespassing on land and digging tunnels know that they are breaking the law. but they do not see the current law as a significant deterrent to stop them from doing that. The police will always seek the balance between lawful protest and the rights of the landowner or whoever. Invariably, that often means issues with access to sites.
Access to some of our sites has been delayed for about eight hours. We cannot do any work. We cannot move vehicles in or out of our sites, because protesters are sat down outside at the access point, sometimes locked on, sometimes not. The police are there but they will not take action because they are allowing the right to protest. Because the protestors are not on HS2 land, we cannot do anything about that. We cannot move them on—on the public highway, only the police can move them on.
My sense is that this Bill, if enacted, will provide a deterrent effect for the protestors. I come back to the safety point—I am sorry to keep going on about tunnelling. Four people in a tunnel is such a serious thing; I am concerned that we will have a fatality at some point in the future. We have been really lucky. We have had four or five tunnel incidents and we have yet to have any serious injury, but I suspect it will come one day, if it continues in the way it is going. If we look at our data, we are seeing protestors turning to tunnelling more readily. In the operation we have just run, there were four shafts on one piece of land; they moved on to another piece of land very quickly and they started to dig a tunnel. We were able to get in quickly and move them on. That is my principal concern.
(2 years, 7 months ago)
Commons Chamber“A little inconvenience is more acceptable than a police state”—not my words, but those of a police officer consulted by Her Majesty’s inspectorate of constabulary and fire and rescue services on proposals in the Bill. I agree with the sentiment.
People are fleeing war in Ukraine and multiple other countries. The Home Secretary could be focused on sorting out the dangerously long time it is taking to get them to safety. She could be putting her energy into fixing the chaos at the Passport Office. She could be using her power to solve the supply chain issues that are pushing up food prices, which have made things unaffordable for many on these islands. Instead, she is bringing back populist—according to YouGov and Daily Express polls, at least—draconian, anti-human rights policies that were rejected only a matter of weeks ago in the other place. The reason for that is anyone’s guess. Is it to distract from the aforementioned failings of her Department? To raise her profile for when the Prime Minister surely, inevitably, has to stand down? Or just because she can?
Make no mistake: this, to quote Liberty, is
“a staggering escalation of the Government’s clampdown on dissent”.
It is at odds with people’s right to freedom of thought, belief and religion; freedom of expression; and freedom of assembly and association. For some, it will also lead to a clampdown on their right to respect for private and family life. Those are all rights we enjoy through the Human Rights Act 1998, but I do not expect this Government or many of their Back Benchers to care, because they want to tear that Act up and define the rights that they think we should enjoy.
However, I think that the people out there, who after all elected us, have the right to know that this Government want to control what they think, believe and say. This Bill allows the state to stop and search people who are not suspected of a single wrongdoing. It could lead to someone who has committed no crime having to report to certain places at certain times. I would be interested to hear who they will report to in Scotland, and what consultation has taken place with the Scottish Government on that. The Bill could mean people out there, again having committed no offence, having to wear an electronic tag, and having every single move they make monitored 24/7. That is sinister. The Home Secretary did not like it when the Opposition said this, but it bears striking similarities to what happens in Russia and Belarus. It is all about oppressing and controlling people. It is the stuff of conspiracy theories no more; this is the menacing new reality if you do not agree with the Conservative Government.
Big Brother Watch is concerned that the Bill takes us one step closer to becoming a surveillance state. That may be ideologically in line with this Government’s desire to control the people, but is it necessary? Will it work?
No, I am not giving way. There is widespread acceptance that the answer to both of those questions is no. Again,
“a little inconvenience is more acceptable than a police state”.
It is not just the one police officer who felt that way. Her Majesty’s inspectorate consulted widely on these powers as early as 2020 and they were rejected across the board, not just because they were incompatible with human rights legislation, but because police concluded that they would not be an effective deterrent. So what is the point?
Existing legislation is already heavily weighted in favour of the authorities, and the 2022 Act has made that even more the case. The former Home Secretary, the right hon. Member for Bromsgrove (Sajid Javid), said in 2018 that,
“it is a long-standing tradition that people are free to gather together and to demonstrate their views. This is something to be rightly proud of.”
He was right: it was something to be rightly proud of. Where a crime is committed, the police already have the powers to act so that people feel protected. Where there is a clear need to protect critical infrastructure or transport hubs, the UK already has an array of legislation that allows that to happen, as the former Home Secretary said. The Public Order Act 1986 gives the police powers to place restrictions on protests and, in some cases, prohibit those that threaten to cause serious disruption to public order. There is an array of criminal offences that could apply to protesters, including aggravated trespass or obstruction of a highway.
Despite that, the Government waited until the Police, Crime, Sentencing and Courts Bill had completed its passage through this House to slip much of what we have before us today into that Bill at the last minute, when it was in the House of Lords—and the Lords roundly rejected it. Instead of accepting the defeat, one week later, the Government regurgitated most of the measures into the Bill before us today. The Home Secretary should accept that these draconian measures have already been rejected by Parliament and respect the democratic process. After all, this Government keep telling Scotland to do likewise, although the issue we intend to revisit—the matter of Scotland’s independence—was last put before the people eight years ago, not just last month.
(2 years, 7 months ago)
Commons ChamberIt seems only a matter of weeks since we were in this place fighting against the UK Government’s now-successful attempts to restrict some of our most precious and long-held fundamental rights. It seems only a matter of weeks because it is. In the previous Session, we battled against the Police, Crime, Sentencing and Courts Act 2022, which will strip people of their right to protest, among other terrifying measures; the Judicial Review and Courts Act 2022, which has serious implications for access to justice and the accountability of public bodies; and, finally, the Nationality and Borders Act 2022, which is set to treat asylum seekers and refugees in ways that I can describe only as nightmarish. It is exhausting to stand here today facing an almost identical set of challenges in the new legislative programme. Rather than see the Queen’s Speech as a unique opportunity to help people to tackle the cost of living crisis and put some compassion back into the system, the UK Government are just adding to their attacks on people’s rights.
A constituent and friend of mine, Joanna, is a cleaner. On Monday, she said:
“So wages have gone up and my company added a wee bit extra, so not too bad. But today I got my wage slip and my national insurance contribution is now more than my income tax contribution, and it’s taken me back to exactly what I was earning before.”
What in the Queen’s Speech will tackle the issues that everyone out there is worrying about? Energy bills are spiralling out of control, the cost of the weekly shop is absolutely skyrocketing and the impending climate crisis is ever-present. There is nothing in the Queen’s Speech to tackle any of that. It is being left to the likes of my constituent Mandy Morgan, who dreamed up the Scottish Pantry Network and has opened nine shops in the past year. The network charges people a £2.50 membership fee for £15-worth of food, and that food is fresh fruit and vegetables and fresh meat and fish. The network is not just for poor people; it was set up for environmental reasons as well and tackles food waste. When people go into the network’s beautiful shops, they do not have to worry that somebody is going to know that they are on their uppers. I pay tribute to Mandy Morgan for everything she has done and to all the volunteers and staff who work for the network. There are, though, troubles ahead for them, because they are struggling to access the food that they need, and an increasing number of people need their help.
Instead of tackling such issues, the Government are attacking people’s rights. We know the old saying about divide and conquer: who do the Government want people out there to blame for all this? As usual, it is those who are already the least powerful and often completely voiceless. This Government thought it was perfectly acceptable to mention, alongside reference to those poor, desperate refugees who are forced to cross the channel in the most perilous of conditions, what they say are plans to help the police to make the streets safer—in the same paragraph of the Queen’s Speech. That is a consciously cynical ploy to conflate the two in people’s minds. It is a deliberate attack on asylum seekers and refugees.
This Tory Government’s shameless propaganda says that anyone who flees persecution and tries to get to safety on these islands is a criminal. And it is working: many people on these islands are doing everything they can to welcome and support refugees—I thank and pay tribute to them, and I thank God for them—but many people repeat the tropes that the Government have so cynically created. It is cynical, deliberate and strategic. We need only to listen back to some of the similarly worded interventions in the last debate on the Nationality and Borders Bill from Government Back Benchers who had never previously shown an interest.
Today, the attacks have moved to those of us who support refugees. I was disgusted to hear the Home Secretary refer to those of us on the Opposition Benches as defenders of “murderers” and “paedophiles”. I understand that it is apparently okay to do that in this place as long as it is not directed at an individual, so I will be writing to her and asking her whether she believes me to be a defender of murderers and paedophiles. I encourage everyone in here to do the same because we deserve an answer.
This Queen’s Speech was primed to reinvigorate the Brexit vote, but perpetuating the myth that Brexit is somehow reclaiming our sovereignty is just ridiculous. Doing it at the cost of trashing our rights is plain scary.
I wish to talk briefly on three of the many Bills that I feel most concerned about in this Queen’s Speech. The first is the Bill of Rights. It is no secret that the Justice Secretary has a long-held disdain for human rights, or, to put it another way, for people having rights. His book, “The Assault on Liberty: What Went Wrong with Rights” is illuminating if not wholly depressing. Let me give one quote from it:
“The spread of rights has become contagious”—
well we can’t have that—
“and, since the Human Rights Act, opened the door to vast new categories of claims, which can be judicially enforced against the government through the courts”.
Let us not forget the footage from the same year, 13 years ago, which saw him look into the camera and say:
“I don’t support the Human Rights Act and I don’t believe in economic and social rights.”
Well, I do, as does my party, which is why human rights are entrenched in Scots law. I thank my lucky stars that we have them, more so now than ever. They make sure that, to some extent, we can all stand shoulder to shoulder in society, that we share some of the same rights of access to justice, and that we can all call out the Government—whether it be this one, the Welsh Government, the Scottish Government, past Labour Governments, future Labour Governments or any public body—when they act in a way that undermines our rights. Who on earth would want to do away with that? These are not some legal concepts out of reach for most; they are entrenched in our modern psyche, and people know that they can rely on them to protect them at their most vulnerable moments, or when they need to face the might of the state. That is what the Tories do not like. They do not want people to know that they can be held to account in the courts, and they do not want to be scrutinised. I predict that, when they are out of office, they will perform a complete U-turn on this.
I do love the positive spin though—the Bill of Rights will defend our freedom of speech. Really? That is just as long as we are not outside this place with a megaphone, or stood at the gates of a fracking site. Our freedom of speech will end right there if Government Members get their way. It is nonsense to imply that the perfectly functioning Human Rights Act has somehow stifled our freedom of speech when it has in fact codified protections for freedom of both speech and assembly under articles 10 and 11 of the European convention on human rights. As with so much legislation forced through this place, there is little evidence to support much of what the Government claim in respect of reform of the Human Rights Act. There is an agenda; there are facts, and then there are Government Ministers determined to bend, manipulate and skew the evidence to fit.
Why should the Government be allowed to dictate who can access justice? That is completely at odds with the rule of law and our international obligations to anyone who seeks refuge on these islands. When will the Government realise that this is not what people want? People are lying under immigration control vans to stop deportations. People are physically running to gather together to protect others from Border Force officers. We all know about Kenmure Street in Pollokshields, but last week, on the day of the council elections, SNP council candidates Marianne Mwiki and now Councillor Simita Kumar, stopped campaigning for themselves and staged their own Kenmure Street protest, along with activists from Edinburgh SNP and hundreds of their fellow citizens from all parties and none, when Border Force vans came looking for someone. We just have to look at the number of emails that have come flooding into our inboxes on the Rwanda plan to know that this is not what our constituents want.
Of obvious concern to anyone in Scotland is the adverse effect that this Bill will have on the devolution settlement. The rights enshrined in the Human Rights Act are at the very core of the settlement and, as Scotland’s Equalities Minister Christina McKelvie MSP said this morning:
“Changes must not be made without the explicit consent of the Scottish Parliament.”
The Scottish Government want to enhance and extend rights protection, but the UK Government want the opposite. What could the solution possibly be? We will no doubt be debating this for many months and, although we may be exhausted with it, we are very much up for that debate. However, I do not understand why anyone would believe this measure will somehow cut our ties with the European courts; rather than our rights being brought home, we will be forced to go to Strasbourg to enforce them. Our human rights should not be embroiled in the Tory Brexit fantasy.
On the Public Order Bill, it is no surprise to see the eleventh-hour amendments to the Police, Crime, Sentencing and Courts Act 2022 that were vehemently voted down by the House of Lords returning in the Queen’s Speech. Is this the way it is going to work now—democratically rejected clauses will be repackaged and grouped together to form next year’s legislation? If the Government can do that after just a few weeks of being told no, what on earth is their argument against Scotland’s right to go to the people and revisit the question on Scotland’s independence after nine long years? They are leaving themselves with no arguments for refusing a section 30 order; that will not stop them refusing of course, but they have no valid arguments. It is one rule for this Tory Government and another for everyone else. It is a brazen thing for the Home Secretary to do. These clauses did not go unnoticed by the public; they sparked outrage and protest during the passage of the policing Act, and rightly so. The Government are deluded if they think that the people who were willing to stand outside this place and risk arrest and imprisonment are going to lie down and accept this Public Order Bill. They are also deluded if they think that those Members on this side of the House and in the other place will roll over and accept defeat.
One of the arguments put in the House of Lords around the clauses the hon. Lady refers to is that they had not been adequately scrutinised by the House of Commons; that is the main argument behind why they were knocked out and, by bringing them back, we will be allowing that scrutiny. I am interested in the hon. Lady’s view, however. As she will know, there is currently a protest outside a fuel depot in Scotland where protestors have locked themselves on. Does she support the arrest and removal of those protestors, and their prosecution, and if they are prosecuted and convicted, what penalty does she think they should get?
The Government are constantly doing this: they are constantly trying to suggest that, because we do not like the draconian laws that they want to bring in, we somehow support everybody’s right to do whatever they want without any penalty. I am not going to get dragged into that. Instead I tell the Minister that we will continue to fight this issue, because what they are doing is wrong; no matter how dispiriting it gets, we will continue to fight them. Today, on the 41st anniversary of the death of the late, great Bob Marley, I would like to use one of his quotes to explain why:
“The people who were trying to make this world worse are not taking the day off. Why should I?”
We should not, and we absolutely will not. If the Police, Crime, Sentencing and Courts Act 2022 was a step too far, this Public order Bill is a leap into the realms of a dystopian nightmare.
I want to take a moment to say how pleased I was to see my friend and colleague my hon. Friend the Member for East Dunbartonshire (Amy Callaghan) back making a speech yesterday. It was emotional for all of us, and not least for her parents and her partner—her fiancé—who were watching up in the Gallery. I was particularly pleased to hear my hon. Friend express support for a fully inclusive ban on conversion therapy for all LGBT people. I absolutely concur with her: absolutely nobody should be subjected to conversion so-called therapy.
I will finish my remarks by saying that I am disappointed. Of course much of this Queen’s Speech was predictable, but these measures are not manifesto pledges becoming reality; they are the result of personal agendas and are attacks on the most vulnerable people on these islands. As I asked earlier, where is the compassion? Where is the helping hand or the reassuring support from a Government who are at least partly responsible for the cost of living crisis?
Scotland wants to do things differently—as, I appreciate, do many non-Scottish National party Members on the Opposition Benches. We do want to offer that helping hand; we do want to act with care and compassion; and we do want to welcome people in need, not throw up the shutters and turn them away. The Scottish Government do all of those things, but they do so with one hand tied behind their back. I am ready for this year’s challenges but I am also raring for our independence referendum, because when the people of Scotland recognise that the only way to stop tinkering around the edges of dreadful Tory policies and to stop having to spend millions of pounds on mitigating the effect of those policies, thus leaving the Scottish Government with a lot less money to do the things that we as a country want to do, and they reach the conclusion that the only way to have full control over the kind of country we are is to vote yes to independence, I predict that that is exactly what they will do.
(2 years, 7 months ago)
Commons ChamberThroughout the proceedings on this woefully drafted Bill, I have maintained that, although it is largely reserved to England and Wales, part 3 on protest will severely restrict anyone from Scotland, or indeed anyone across these islands, from exercising their fundamental and democratic right to protest. None of us can sit back and allow that to happen. What happens here in the coming days will outlive this Government, so the Scottish National party will vote against the Government motions to disagree with the Lords, who have worked tirelessly to help restore some balance to the Bill. I am seriously concerned about what will happen when the Bill is forced through the Lobby, and I know that that worries some Conservative Back Benchers who have been lobbying Members of the other place to allow the Commons the opportunity to think again on protest measures. We are back here to consider part 3 on protest, and rightly so.
The protest measures in the Bill have been the headline grabbers—the clauses most briefed on, tweeted on, reported and debated—and, most importantly, they are the clauses that people are concerned about, because they are a threat to our long-held right to have our voices heard. My office also receives hundreds of emails on a daily basis asking me to stand up and act against the threat to those rights. People are worried not just because of this Bill in particular—although it is terrifying—but because of the context in which it is being pushed through this place.
This week, we will debate the Elections Bill, the Nationality and Borders Bill and the Judicial Review and Courts Bill, each carrying its own threat to our fundamental rights. People know how this works: they know that the Government have seemingly unfettered powers to make any law that they want. Baroness Jones of Moulsecoomb put it best when she said:
“Because they have a huge majority…they can afford not to care about how the Bills are written or about their content.”—[Official Report, House of Lords, 31 March 2022; Vol. 820, c. 1707.]
The Bill is badly written. No well written legislation would require so many amendments—it borders on the ridiculous. When we are forced to create a database for amendments just to keep track, we know that fundamentally something has gone wrong at the front end. However, it is our job to amend, correct and stop badly drafted legislation and, whatever the Minister says, it is the second House’s job to have its say on that.
I will speak briefly on specific amendments, but I would like to make a general point: all the amendments under discussion clean up ambiguous and badly worded clauses that will, as the shadow Minister, the hon. Member for Croydon Central (Sarah Jones), said, only force the police into making quasi-political decisions on the spot. Former police chiefs and senior officers have warned against the
“political pressure the Bill will place on frontline officers.”
It has become apparent through these debates that it is not more legislation or laws that the police need or want.
Lords Amendment 73 would remove sections of the Bill that allow the police to intervene and limit processions based on the criterion of noise. We have heard a lot about that today. The Government have got this wrong—they simply have. They have tried to make assurances that powers to act on noise will be used only in the most extreme circumstances, but it is all just too vague. As the shadow Minister said, what kind of law would ask a frontline police officer to assess the thickness of walls in an office or the kind of glazing in a building prior to intervening on a protest? Seriously! It is in the guidance, if Government Members opposite want to check it. Here is a quote from the guidance:
“A noisy protest outside an office with double glazing may not meet the threshold”.
It is not just the way a building is constructed that frontline officers might have to contend with, but the duration of the noise and the type of noise. The list goes on. This is ill-conceived and ill-defined. It will load pressure on to already pressurised police forces and simply will not work. And that is before we get to the crux of the matter: our right to protest is our democratic right. It is not for this Government or any successive Governments to take that away.
We continue to oppose the Government’s apparent concession to remove the term “serious unease” for the simple fact that it is nestled in badly drafted sections and has the unintentional—or possibly intentional—effect of lowering the threshold for police intervention. Removing the term would lower the threshold of “serious alarm or distress” to “alarm or distress”. My hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) eloquently made that point in a previous debate, and I stand by his remarks.
We supported Lords amendment 80, to remove clause 56 on public assemblies, and we continue to support it. This is yet another clause rife with hidden dangers, attempting to replace public order legislation that is operating perfectly well. The Public Order Act was careful to delineate and differentiate the conditions that could be imposed on static demonstrations, as opposed to a march or a moving protest, and that was sensible. That reflected the relative ease by which a static demonstration can be policed.
I understand the hon. Lady’s point, but I am afraid I disagree with it. In Scottish jurisprudence, Scotland has an advantage over England in that it has a well-expressed and commonly used offence of nuisance. Would she support the use of this legislation in controlling nuisance emanating from a protest?
So many of us have already answered that on so many occasions. There already exists legislation and the powers for the police to control demonstrations that are not peaceful and out of control, but we are not talking about that. The proposed legislation allows the police to make decisions according to very spurious guidance. The removal of the distinction regarding statics demonstration could hand the police unfettered discretion to impose further conditions on static protests, such as the words and slogans that can be used on placards. That is ridiculous. Sometimes they are the best bits! I really wish I had the time to read out some of my favourite words and slogans that I have seen recently, but I do not think the Government would be too pleased about that.
Finally, I want to touch on Lords amendment 87, on one-person protests. The amendment removes the ability of the police to impose conditions on a one-person protest. That was rejected in the last round of ping-pong and the Lords have rightly asked for it to be reconsidered. I have twice now heard the Minister talk in derisory terms about the House of Lords because some of them are hereditary and none of them are elected. The SNP is opposed to the House of Lords on that basis, but his party is not and it puts people in there all the time. If that is the system he supports, he cannot really complain when they do the job they are asked to do. Are we really going to see a law passed today that will allow the might of the state to bear down on a single, individual protester? It is ridiculous, disproportionate and nothing short of bullying. And be careful anyone who even stops to chat to a protester, because they could be snared by the clause, too. How many times have we all stopped to chat to the wonderful array of protesters outside this place, whether we agree with them or not? Well, Madam Deputy Speaker, doing so could soon see you committing a criminal offence.
We are not impressed with the Government’s amendments to lay reports before the House with regard to changes to the Public Order Act. They are lip service posing as concessions. They are better than nothing, but they are not much better.
I understand that time is short, so I will finish with this: we support the Lords in their amendments and fundamentally disagree with the undemocratic way the Government are throwing their weight around. If the Government are intent on dissuading protest, they are intent on silencing voices. From the huffing and puffing coming from the Minister today it is clear he is no fan of democracy, so I am sure he will not mind if I tell him the Bill is undemocratic, unworkable and unfair.
(3 years, 7 months ago)
Commons ChamberWhat a brilliant question! I have always regarded myself as an early adopter of technology as one of the first in my family to own a Sinclair pocket calculator—remember those?—so I am now given the opportunity to early adopt in criminal justice as well. There are lots of ways that we can use technology to decrease offending. For example, I referred earlier to the GPS trackers that we are fitting to a group of criminals post release. Some 50% of those released from prison following, for example, conviction for a burglary go on to reoffend. If we know where they are all the time, then they are less likely to offend, but also, if there is a burglary, the police are able to match their location to the data to eliminate them or make them a person of inquiry. Similarly, Mr Speaker, you will be pleased to know that we are rolling out alcohol abstinence tags, which we fit to the ankles of those who are convicted of a crime where alcohol has driven their criminal behaviour. At the moment, compliance with these tags is well over 95%.
In reply to my earlier question, did the Secretary of State really say that the incorporation of international conventions—we were talking about the UNCRC—will make no difference to the quality of safeguarding of children in our country? I was so taken aback that I have changed my second question. I have to ask: does he actually believe that, and is it just this international convention or are they all as impotent as he appears to think that one is?