Public Order Bill

Baroness Meacher Excerpts

Report stage
Tuesday 7th February 2023 Lords Chamber

[Viscount Hailsham (Con)]

I am very grateful to my noble friend for giving way, but I am afraid that he is wrong about the absence of suspicion. When I was a special constable 40 years ago—I do not have the experience of the noble Lord opposite—I would stand in Trafalgar Square and get messages on the police radio such as, “Race code 3 or race code 9 coming down in a beaten-up Vauxhall: worth a stop.” That is not suspicion; that is arbitrary stopping.

[Baroness Meacher (CB)]

My Lords, we are not focusing right now—nor should we be, in my view—on the issue of the lack of suspicion, although that is fundamental to Clause 11. Let us focus for a minute on Clause 10, which is about stops and searches without suspicion. Those stop and search powers were introduced for police, necessarily and very importantly, to enable them to stop people who they believe may be carrying a knife or another potentially dangerous weapon. I fully support those stop and search powers, but there is not a strong evidence base that the stop and search powers in that context are actually effective in preventing violent crime. So the idea of extending those powers to stop and search people in case they have a placard—a piece of paper—is completely and utterly disproportionate.

In a democratic society, it is utterly wrong to give disproportionate powers to our police to interfere with the fundamental right in our democracy to protest and to go out on the streets to express our opinions. If we forget the issue of suspicion, Clause 10 is utterly disproportionate, anti-democratic and unacceptable, and it will lead to further discordance between the police and lots of communities where we need to build community support for our police. It will have very detrimental effects on all sorts of people across our society. It is for these reasons that I, among others—I hope the whole House—would support withdrawing Clause 10 from the Bill.

[Lord Deben (Con)]

What a good intervention that was; I much agree with it. Returning to the previous intervention, my noble friend can say what he likes; indeed, as a former special constable, he has no doubt told many how they should behave, but I am very ordinary and follow the law. It seems to me that “without suspicion” means that you do not have a suspicion, and, if you do not have a suspicion, I do not understand how you will decide that you will stop and search somebody.

Also, we should not underestimate the lack of confidence in the police among young people in particular —and, frankly, not only young black people. I have four law-abiding children who are now grown-up; all of them, as teenagers, had very good reason to be extremely suspicious of the way in which the Metropolitan Police behaved, even though all of them were law-abiding to a degree which some would find rather embarrassing. The truth is that the Metropolitan Police, in particular, has a very long way to go to recover confidence. I beg Members of this House to say that this is not the moment to introduce something for which I do not think there would ever be a moment to introduce it. In this moment, of all moments, it is the wrong thing to do; it is bad for the police, democracy and the rule of law.