Protest Measures

Baroness Doocey Excerpts

Tuesday 13th February 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I thank the Minister for this debate on last week’s Government Statement on protest measures. It is important to start my comments on such a Statement by thanking the police for all the work they are doing to maintain public order across the country. We know that many officers are having to give up rest days to police protests, and those demands are growing. Can the Minister start by outlining how resources are being allocated to meet that demand and what the impact has been on neighbourhood policing? Protest is a fundamental freedom in a democracy, and that right must be protected. If that freedom is abused and used to intimidate, harass or harm others, safeguards are clearly needed.

This is yet another suite of measures to tackle issues arising at protests. Can the Minister confirm that all these additional measures have been requested by the police across the UK as well as in London, and that they will be included in the Criminal Justice Bill to allow proper scrutiny of the accompanying guidelines?

On the issue of face coverings and the power to arrest those seeking to conceal their identity, is this an automatic offence decided by an individual officer, or is it triggered by a set of circumstances then to be authorised by a senior officer? We all understand that there is legitimate concern about the use of face coverings to conceal identity, but what about Chinese dissidents protesting outside the Chinese Embassy, or Iranian dissidents demonstrating outside the Iranian Embassy? Will they still be able to cover their faces, which they may well wish to do to protect families at home from intimidation or worse? We have a proud tradition of giving safe haven to dissidents opposing oppressive regimes.

We support the measures relating to flares and fireworks, which have been used to fuel public disorder and intimidate the police. Can the Minister say how they will be enforced in protests, which sometimes involve thousands? Our war memorials rightly hold a special place in the collective affection and respect of our nation. They remember those who made the ultimate sacrifice to protect the very freedoms which a very small number of people seek to desecrate. This has sparked understandable outrage across the country, including from me personally. My uncle, whom I am named after, was killed on D-day. His name is proudly remembered on a war memorial near his home village of Cheldon in Devon, close to both the town of Chulmleigh and the former constituency of the noble Lord, Lord Swire. To think of this and other war memorials being under threat or defaced is unthinkable. Can the Minister outline how the new measure in the forthcoming Bill is expected to work in practice?

Also raised was the issue of the definition of “hateful extremism”. The Government are looking at this, and work is ongoing. Can the Minister update us on what progress has been made, and when can we expect a Statement? The police of course need the necessary laws to police protests and, importantly, the confidence to use them. The Minister in the other place raised the issue of the proscription of Hizb ut-Tahrir. Are other groups under consideration for proscription, and have the Government assessed their involvement in any of the protests that we have seen? What action, if any, are the Government seeking to take?

Above all, in our proud democracy there is the right to peacefully protest. That is a fundamental freedom in our country of which we all are proud. It must not be abused but it must not be curbed unnecessarily either. The right balance must be struck between safeguarding that right to protest and the important duty to safeguard the public.

[Baroness Doocey (LD)]

My Lords, I appreciate that the Government are trying to strike a balance among competing priorities—maintaining the right to peaceful protest, restraining incitement to racial and religious hatred, and keeping the country moving, free from disruptive events. It is right that police use all available powers to arrest those who go beyond what is acceptable for a peaceful protest, not least when their actions are motivated by hate. Protest should not be used as a shield to allow anti-Semitism, Islamophobia or any other type of hatred to fester with impunity.

However, we must ensure that the tactics employed by a minority do not undermine the ability of others to protest peacefully. I have a number of concerns, and it would be helpful if the Minister could address them when he responds. The provisions announced to prevent the use of facial coverings plainly bear a relationship to the increased use of facial recognition technology in policing. The Policing Minister is on record as saying that he is already encouraging police forces to search all available databases, including the passport database, to identify people using facial recognition technology for crime generally.

Clause 27 of the Criminal Justice Bill creates a very wide power to access driver licence records for this purpose, but there has been little public debate on this or on the parameters of the accelerated use of such technology. Given the potential freedoms that this could infringe, is a legal protest the correct context for technology to be used? Should the faces of people engaged in lawful and peaceful protest systematically be recorded and added to databases? Would there be a temptation to create lists of people who attend such protests, with the justification that these are people who are not in favour of the status quo and might, at some future date, cause trouble?

Police already collect information on political activists. However, attending a protest should not qualify as criminal activism. The fact that facial recognition is being introduced into policing without the debate or openness that is needed is a cause for concern. Since the Government are proposing amendments to the Criminal Justice Bill, will the Minister commit to setting out in that Bill the circumstances in which this technology should be used? Will he commit specifically to addressing the many concerns that the systems can be particularly bad at recognising black female faces? This is powerful technology, but it is not infallible by any means.

As things stand, its use enjoys public support, but that support may diminish if it is deployed disproportionately, causing problems for minority groups or being used for minor offences. It is surely in the interests of all of us who want to continue to see policing by consent for this to be avoided.

Finally, I want to raise the question of police resources. The Home Affairs Committee recently expressed concern about the effect that the increasing number of protests is having on the number of rest days being cancelled for police officers. Last year the Metropolitan Police had to cancel 4,000 rest days to police protests at a cost of nearly £19 million. Can the Minister say what the Home Office is doing to ensure that police forces are reimbursed for the cost of these cancelled days? When I was a member of the Metropolitan Police Authority, we had a dreadful job trying to get the money back from the Home Office. I suspect that things have not changed very much. What is being done to support officers’ well-being when large numbers of rest days have to be cancelled?

Will police officers receive the necessary resources and training to identify and prevent hate crimes, including threats and incitements to violence on social media? According to the official figures, between October and December last year there were more than 1,000 protests and vigils and 600 arrests, accounting for 26,000 police officer shifts. This issue is not going away. The duty of care that we owe police officers needs to be addressed as a matter of urgency.

These are among the issues that we on these Benches will want to raise during the passage of the Criminal Justice Bill. I look forward to the Minister giving us his early indications of his views.

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

My Lords, I thank both the noble Lord, Lord Coaker, and the noble Baroness, Lady Doocey, for their generally supportive remarks. Like the noble Lord, Lord Coaker, I join in congratulating, thanking and praising the police for their strenuous efforts to keep us all safe during the recent heightened protest activity.

Both noble Lords asked me about the questions raised in response to the original Statement, regarding the Home Affairs Select Committee pointing out that 4,000 rest days had been lost, coming at a cost of about £18 million or £19 million. Obviously, that is very concerning, but I have to say that the police uplift programme has helped many forces around the country significantly with their numbers. That helps to minimise the number of rest days lost. Unfortunately, the Metropolitan Police in London did not manage to fulfil its police uplift numbers, and that has financial consequences as well as a consequence for the rest of the officers employed. It is regrettable, but I am afraid it is very much for the Metropolitan Police to up its recruitment to sort out that particular problem. That is not the same as saying that we do not care about it or are not keeping a very close eye on it. We do.

I should also point out that the police have arrested more than 600 people over the course of the protests, and some 30-plus were related to Terrorism Act offences. Once again, I thank the police for their efforts.

On the question about whether these laws were requested by the police, the police have a comprehensive suite of powers to maintain public order and to keep the public safe. However, we keep their powers under constant review and, when gaps are identified, by whomever, we seek to legislate for them. I am not precisely sure how many of these powers were asked for by the police; I know that the bulk of them were, but not precisely which ones. When we come across gaps in the legislation, we seek to make these types of changes.

Those were very good questions on face coverings, particularly as regards the legitimate wearing of face coverings in protests. It is not difficult to come up with a number of scenarios that would classify themselves as legitimate. This was addressed in detail by my right honourable friend the Security Minister. The guidelines in the legislation that we are setting out will cover this, because police officers will have discretion to give an order requiring a face covering to be removed, but those commanding the policing of protests will have discretion over when they ask for that instruction to be carried out.

Under Section 60AA, the new criminal offence of concealing an identity will apply only when there is a particular authorisation on a protest, and those authorisations come only when there is a risk of serious violence or crime. Just as a reminder to the House, Section 60 offences can be ordered only by those of the rank of inspector or above and for a period of 24 hours, which is extendable for a further 24 hours. So they apply only to protests and only where an authorisation is in place. I hope that answers and assuages noble Lords’ concerns to some extent. I will come back to facial recognition towards the end of my remarks.

The noble Lord, Lord Coaker, asked me about pyrotechnics, flares and disorder. The current legislation on the use of fireworks in public places does not consistently prohibit the possession of pyrotechnic articles during a protest but limits it to specific circumstances, such as the use of fireworks in public places and possession of explosives other than for a lawful purpose. It is not already an offence to be in the possession of such articles at certain musical events and football matches, for example, but this extends it to processions and protests. The new measures do not provide police with new stop and search powers, but they do allow the police to make an arrest when an individual is holding or lighting a flare at a protest.

I associate myself with the remarks of the noble Lord, Lord Coaker, on war memorials. I am also delighted that this is taking place, for all sorts of reasons. I do not have a huge amount more to say on this subject; I think we have all been offended by the antics of certain protesters who have clambered all over war memorials. The Security Minister in the other place described them as

“altars of our national grief”.—[Official Report, Commons, 8/2/23; col. 379.]

That description could be extended, but it is very appropriate none the less and sums up all our feelings.

The noble Lord, Lord Coaker, also asked me about hateful extremism. He is quite right that there is some thinking about that at the moment. The Secretary of State for Levelling Up, Housing and Communities is working on a definition of extremism alongside the Attorney-General. Of course, this is an extremely complex subject and conversation, so I will update the House when I have more, but I am afraid I cannot at the moment.

The noble Lord will know what I am about to say on proscription. The Government do not comment on groups that are potentially about to be proscribed or are under consideration. This will come under the Criminal Justice Bill.

I do not think facial recognition is entirely aligned with the subject of the measures that are being taken today. However, I understand the noble Baroness’s concerns and this subject will have to be further debated. It is a philosophical discussion about freedoms, rights and proportionality, and I have no doubt that we will revisit it in due course.

These measures are proportionate and carefully thought through. We will be discussing them at greater length, and I thank noble Lords for their support.