Crime and Policing Bill

Ashley Fox Excerpts

Tuesday 14th April 2026 Commons Chamber

[Mary Kelly Foy (City of Durham) (Lab)]

There is much in the Bill that is serious and worthy of support. The measures to tackle shop theft, protect retail workers, strengthen the response to exploitation and abuse and deal with knife crime are all important. However, Lords amendment 312 raises a very different prospect. It is not really about violent disorder or intimidation. It is about making it easier to restrict repeated protest. It would require the police, when deciding whether to impose conditions on a protest, to take into account what the Bill calls “cumulative disruption”. That means not just the disruption caused by the protest, but disruption said to arise from other protests in the same area that were held, are being held, or are intended to be held. The organiser does not have to be the same; the cause does not even have to be the same.

That should concern every Member of this House, because effective protest is very often cumulative, and democratic campaigning is nearly always repetitive. The campaigners come back again and again. That is true of the trade union movement, true of the suffragettes, and true of the civil rights tradition more broadly. The cumulative nature of protest is not a flaw in our democracy. It is often the means by which democracy speaks, and that is why amendment 312 is so dangerous in principle. It takes something that has always been central to democratic struggle—persistence—and starts to treat it as a problem to be managed down. It turns the repeated exercise of democratic freedom into a reason for state restriction. Once the House accepts that logic, we move on to very difficult ground indeed.

Laws like this are never drafted only for the Government of the day. They remain on the statute book. They pass into other hands. We would be naive not to ask how a future hard-right Government might use a power like this. As the TUC has warned, broad “cumulative disruption” tests could all too easily be used against trade union demonstrations, against long-running industrial disputes, against repeated pickets, rallies and marches, and against the kind of organised working-class protest that has been central to the Labour movement and to the winning of rights in this country. That is not alarmism. It is exactly why Parliament should be careful about creating broad powers that can later be wielded by Ministers and authorities with far less respect for civil liberties.

Peaceful protest is not an inconvenience to be tolerated only once. It is a democratic right, and one of the clearest tests of whether we truly believe in that right is whether we still defend it when it is persistent, visible and effective. That was true of the Chartists demanding political reform, the match girls and dockers fighting for dignity at work, the anti-apartheid movement that refused to give up, and the suffragettes who were crucial in securing the vote for women.

[Sir Ashley Fox (Bridgwater) (Con)]

The hon. Lady is making an important speech on the right to protest, but does she accept that many members of the Jewish community feel intimidated by regular marches by the pro-Palestinian brigade, who demonstrate loudly and not always peacefully in the same area, week after week? How does she believe that that community can be protected from such intimidation?