Anti-social Behaviour, Crime and Policing Bill

Baroness Trumpington Excerpts

Monday 25th November 2013 Lords Chamber

[Baroness Knight of Collingtree (Con)]

My Lords, I also have been campaigning on this issue for a long time, not least because the gentleman to whom we have referred was there for so long; he seemed to live in a tent and would hang out his washing from time to time. We should remember that people from all over the world come to see this site and that that vista was ruined for a long time because it was so dirty and untidy.

What is now before us is perhaps not understood by Members who do not have offices in the front row, as it were, of this House. If your office is in the middle or towards the back of the House of Lords, you will not hear anything. Indeed, during the previous campaign we fought on this matter, I found that this was very much so; people did not understand always if their office was a fair distance from the front. Reference to this has been made by the mover of the amendment, which I strongly support, and by others: if you live in that particular part of the building, all the papers you should read, all the briefings you should attempt to gain, and all the speeches you might plan to make are deeply affected, to say nothing of the letters you are expected to write to those who write to you telling you of a problem that they have or of a problem that exists elsewhere.

There was a campaign last week which went on for a long time. It was for the Ghurkhas—for whom I have great sympathy and normally would support very strongly—but by the time they had finished I wanted to go out and tell them that I would never support them again after what they had done to my work programme for hours and hours on end. Those of us who live in these offices—and we do live in them for the time we are here—have not only a job to do but a duty to fulfil. It always worries me that one person’s human rights seem to be contrary to another person’s human rights.

Of course I acknowledge completely that everyone should have a right to campaign if they feel strongly about an issue. That is not what we are arguing about. I cannot go along with my long-term colleague and friend, the noble Lord, Lord Campbell-Savours, because Members of Parliament would not go to another building across the road to hear what people were thinking. Nor would many members of the public go in because they are not the people the demonstrators are trying to reach anyway—they are trying to reach us. The fact of the matter is that they are annoying us all too often. A recent campaign, which involved raucous and entirely unmelodic singing, went on and on and I defy anyone to have done their work during that time.

We do not want to stop anyone trying to put their views across to us and asking for a change. We are saying that we have rights too. We have a right and a duty to fulfil all the things that we have to do here and at the moment we are not enabled to. I support the amendment and I hope it will go through in the spirit that so many people displayed when they made their speeches.

[Baroness Trumpington (Con)]

My Lords, I listened to the debate on my old boss’s amendment with great interest and pleasure. This is what could be called “Bella Figura”. The Italians, Germans and French would never put up with these parades we have had in front of us or the noise we have endured—they would have been gone in no time at all. Much as I sympathise with many of their objectives, I very much deplore the way they try to attain them.

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

My Lords, this has been a very good small debate on what I consider to be a very important subject. My noble friend has done the House a great favour by raising this important matter for us to debate. I will not mention all those who have spoken but, without exception, all noble Lords have recognised the issue that we have to deal with. I hope I can demonstrate that the Government are looking for a positive way forward on this.

I am sure that many other noble Lords besides those who have spoken will have strong views on the noise generated by the demonstrations that take place in the vicinity of the Palace of Westminster. We have, of course, been here before. As noble Lords have pointed out, legislation to deal with such demonstrations was first passed in the Serious Organised Crime and Police Act 2005. We should not forget just how contentious that legislation was, which is why it was repealed and replaced with more proportionate measures in the Police Reform and Social Responsibility Act 2011, to which my noble friend referred.

My noble friend and the Committee will be sensitive to the need, before passing further legislation, to be very careful about taking any action that may impact disproportionately on people’s right to protest and their freedom of speech. However, I recognise the gross disturbance which amplified sound is now bringing to otherwise legitimate demonstrations. The proximity to the working offices of the House of Lords makes it difficult for Peers, officers of the House and staff to conduct their parliamentary duties. A number of noble Lords have referred to that.

With the Police Reform and Social Responsibility Act 2011 having addressed the problems in Parliament Square, noble Lords may feel that some of those problems have been displaced, particularly to the small area around the George V Memorial and the surrounding lawns and paving, as referred to in the amendment. Perhaps it would help noble Lords if I describe the law as it applies for areas away from Parliament Square. The 2011 Act strengthened local authorities’ by-law-making powers, in particular by including a power to seize items used in connection with the contravention of a by-law. Westminster City Council and the Royal Parks authority updated their by-laws immediately after the relevant provisions of the 2011 Act were brought into force. The by-laws include measures to deal with tents, structures and excess noise.

These by-laws, in many ways, already have the effect intended by this amendment. Westminster City Council by-laws and the Royal Parks by-laws contain strict noise control provisions covering Old Palace Yard and surrounding areas such as Abingdon Green. The by-laws state that a person should not make or allow to be caused any noise which is so loud or so continuous as to give reasonable cause for annoyance to others in the area. But here is the rub: the enforcement of by-laws is a matter for Westminster City Council and, ultimately, the police. Suspected breach of a by-law could lead to arrest and prosecution. In taking any enforcement decisions, the authorised officers or the police would take into account the need to allow a right to protest outside Parliament. Achieving a balance seems to be part of the difficulty. Perhaps the noble Lord, Lord Campbell-Savours, has suggested an idea that recognises this to try to avoid the gross disruption experienced currently. I do not know. Some noble Lords have questioned what he has proposed, but I thank him for giving us a possible solution.

--- Later in debate ---

[Lord Taylor of Holbeach]

I do absolutely. I need to satisfy myself, before we move on, that the existing provisions are not being enforced by Westminster City Council and the police, because they are both involved in enforcing them. I want a meeting to make sure that we have thoroughly thought through any provisions before we put them in legislation; I think that the House would expect that. We of course have an interest: we work here; we live here; we suffer the noise and disruption ourselves. We need to be able to justify in the wider Parliament other than this Chamber and even in the big parliament of the people outside any action that we choose to take. I am very mindful of what my noble friend says. Enforcement has not been successful.

[Baroness Trumpington]

Has the Minister left out Marble Arch, the obvious place being Speakers’ Corner, to go on existing?