Public Order Bill

Bell Ribeiro-Addy Excerpts

2nd reading
Monday 23rd May 2022 Commons Chamber

[Bell Ribeiro-Addy (Streatham) (Lab)]

Given all the crises that we are facing in our country, it speaks volumes that the first Bill of a new Parliament is yet another piece of authoritarian anti-protest legislation. The message from this Government is clear: their top priority is making it harder to protest against the cost of living crisis, rather than helping people through it.

The Government have already introduced some of the most serious and sweeping restrictions on the right to protest with their Police, Crime, Sentencing and Courts Act 2022, and this Bill takes the assault on our rights one step further by reviving many of the failed measures that were rightly thrown out in the other place. Restricting protest, expanding discriminatory stop and search, introducing jail sentences and unlimited fines for demonstrating close to national infrastructure, and introducing new offences of locking on will not help my constituents to pay their bills, or, indeed, address many of the issues about which they will tend to protest.

This is yet another Bill that seeks to stop people making their voices heard, and it disadvantages our poorest and most marginalised communities. Laws are not reasonable or fair if rights are protected only for those who agree with the Government, and curtailed for those who wish to challenge the Government. I agree with the hon. Member for Paisley and Renfrewshire South (Mhairi Black), who said last week that we were sleepwalking into fascism. This country’s tradition of dissent has paved the way to our rights and freedoms, and those protests are the reason why someone of my class, race and gender has the rights that I have; but this Bill contains measures that would have outlawed the protests that won votes for women and trade unions.

Given the Government’s trajectory, there is no doubt in my mind, at least, that these measures will be used against pickets in industrial disputes. According to the Bill, there will be a defence when it comes to trade disputes, but that defence will not be available to stop the new serious disruption prevention orders applying to individuals who take part in more than one protest within a five-year period, even if they have not been convicted. That obviously targets union officials who regularly attend and organise pickets. The Trade Union Act 2016, the Police, Crime, Sentencing and Courts Act and everything in between, and now this Bill, have all but eradicated what was already a severely restricted right to picket. Our unions are part of the last line of defence against this Government’s attack on working-class people, and I cannot believe that the Government would stoop so low.

It is wrong that the Bill extends stop and search powers and introduces serious disruption orders when existing stop-and-search powers are already a key component of the racially unjust criminal justice system. Marginalised communities are already disproportionately likely to face criminalisation and harassment. Just last month there was a national outcry when it emerged that a black teenager had been strip-searched by police at school, having been falsely accused of possessing cannabis. There has been a string of revelations about the racism and misogyny that still blight UK policing, clearly exemplified by the vile racism and misogyny uncovered at Charing Cross police station and the already record low confidence in policing.

[Sir John Hayes]

The hon. Lady speaks about stop and search. She will know that during a two-year period up to 2021, 150,000 arrests were made as a direct result of stop and search. She will also know that in 2019, 50,000 knives were found and removed. Those were arrests that prevented crimes, and those were knives that might have been used to take life or at least to injure. Surely the hon. Lady recognises that stop and search is just part of the means by which we can crack down on crime.

[Bell Ribeiro-Addy]

I have no issue with evidence-based stop and search. If there is a reason to stop somebody, that is absolutely fine. Unfortunately the police continue, again and again, to stop and search people from certain communities. All that that does is go further down the route of making confidence in policing extremely low, which does not do anything to solve crime.

When it comes to misogyny, I think about the horrifying treatment of those who attended the vigil in my constituency last year to commemorate Sarah Everard and other women who had lost their lives to violence. That made it clear that women opposing violence against women were not safe from male violence, even from those who were tasked with protecting us from it.

The Bill targets, in particular, the activism of groups who have already been mentioned many times: groups such as Extinction Rebellion, Just Stop Oil, Insulate Britain, Kill the Bill and the Black Lives Matter movement. All those groups have used disruption to draw attention to major injustices such as the climate crisis, attacks on our civil liberties and institutional racism. Rather than taking action to address those injustices, the Government want to stop people speaking out about them. We must remember that today’s protests are signposts for tomorrow’s progress.

How does it make sense for the Government to support protests around the world while cracking down on the right to protest here? As Amnesty International has pointed out,

“these authoritarian provisions…are similar to repressive policies in countries the UK regularly criticises—including”

—yes—

“Russia, Hong Kong, and Belarus”.

The message to the public is very clear: we must put up with it, or shut up. This continuous attempt to criminalise dissent is a threat to everyone who wants to stand up for what they believe in, and to anyone who believes in building a better society. The way in which the Government continue to push this agenda makes it clearer than ever that we must oppose this Bill today, and oppose all further attempts by them to proceed with this authoritarian way of running the country.

Public Order Bill

Bell Ribeiro-Addy Excerpts

Report stage
Tuesday 18th October 2022 Commons Chamber

[Sir Charles Walker]

The Conservative party is the architect of its own misfortune, and we must deal with that and respond to it, so I will not be tempted down that track by the hon. Gentleman. All I will say is that this is as unconservative as our Budget a few weeks ago. This is not what the Conservative party does. We believe in proportionate laws, like we used to believe in sound money. I will therefore be joining hon. Members from across the House in voting against this piece of legislation.

As I said a moment ago, I warned, over a pint of milk—the metaphor that I used—that our right to protest was being eroded. Now, we are crying over spilt milk.

[Bell Ribeiro-Addy (Streatham) (Lab)]

I rise to speak to the new clauses tabled in my name and those of my hon. Friends the Members for Walthamstow (Stella Creasy), for Vauxhall (Florence Eshalomi) and for Battersea (Marsha De Cordova), the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Glasgow North East (Anne McLaughlin) as well as all those amendments that stand against this fundamentally flawed Bill.

One of my motivations for my new clauses was the fatal police shooting in my constituency of Chris Kaba, an unarmed black man, which sent shockwaves through a traumatised community. I offer my condolences to the Kaba family, his friends and his community. I will not say more for risk of sub judice, especially since an inquest is ongoing and the Independent office for Police Conduct is conducting a homicide investigation and considering whether race was a factor in his shooting. I am sure that everybody across the whole House will agree that a just society is one in which your race does not determine whether or not you are over-policed as a citizen and under-policed as a victim. But with a Government who seem hellbent on ramping up policing powers and presiding over worsening inequalities, it is clear that there will be an uphill struggle to realise that vision.

The Bill contains a significant expansion of police powers, including measures that the Government already attempted to put into the Police, Crime, Sentencing and Courts Act 2022. Those measures were opposed in the other place, so I do not understand why they are trying to bring them back. That is one reason why new clause 15 states that there must be a public inquiry into the policing of black, Asian and minority ethnic people. New clause 16 would require an equality impact assessment of the Bill. Yet again, we are having to ask that the Government respect that equality is the law and do not propose legislation that clearly infringes on the rights of minoritised groups.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

We hear figures from Wales that eight out of every 1,000 white people are stopped and searched. When we compare that with a rate of 56 per 1,000 black people, we see that there is something appalling in the state of stop and search across the United Kingdom—this legislation relates to England and Wales—and that there is something particular in Wales for which we need a Wales-specific justice impact assessment to understand and get to the root of why the figures are so extreme.

[Bell Ribeiro-Addy]

The right hon. Member is absolutely right. That is why I support new clauses 9 and 10 in the name of my hon. Friend the Member for Battersea on the use of stop-and-search powers. In them, she attempts to consult civil society organisations and consider the impact on groups with protected characteristics, as has been mentioned. That should clearly be done by the Government each and every single time they propose legislation, but they do not do it at all.

In this Black History Month, when we talk about some of the civil rights struggles of black people in this country, it is particularly offensive that, instead of reacting to them by bringing about change, the Government are attempting to provide police with even more unaccountable powers. Those are the same police who currently have extremely low trust and confidence among black communities, not least following the recent case of Ian Taylor, who died in police custody in the borough in which my constituency sits, the kidnap, rape and murder of Sarah Everard by a serving police officer, also in my constituency, the disproportionate levels of stop and search, and the treatment of Child Q and other children who have been strip-searched, as well as extensive evidence of institutionalised racism and misogyny in the police.

Just this week, Baroness Casey’s report found that many claims of sexual misconduct, misogyny, racism and homophobia were badly mishandled. These are

“patterns of unacceptable discrimination that clearly amount to systemic bias”,

and they cannot continue. Those are not my words but those of the new Metropolitan Police Commissioner, Sir Mark Rowley.

We know that our criminal justice system continues to be held back by institutional racism—well, at least Opposition Members know that. We have heard about institutional racism in the policing of black communities in every single review—from Macpherson to Lammy—except the Government’s recent Commission on Race and Ethnic Disparities report, which claimed that it did not exist at all.

Not only is the Bill a missed opportunity to remedy all of that profound injustice; it will only exacerbate the racial bias and the discrimination that continues to persist. That is part of the reason why I will speak in favour of a range of civil liberties amendments that seek to ensure human rights for all our citizens. I turn to new clause 11, tabled by my hon. Friend the Member for Walthamstow. I am a person of faith, and I believe that our human rights should be universal, but when a person exercising their rights begins to infringe on somebody else’s rights, that is the point at which we know that that right is wrong. We legislate on these things in this House again and again. The idea that we could use the right to free speech to infringe on someone else’s right to get healthcare is absolutely wrong, so I am pleased to support that new clause.

The Bill continues to follow a pattern from a Government who voice support for protests all around the world but want to crack down on the right to speak up here at home. Protest is an important part of a democratic country because it is one of the driving factors that allows individuals to exercise their rights to free speech and speak up against an unfair and unjust Government—like this Government—and their laws. That is why I tabled new clause 17, which sets out that there must be a public inquiry into the policing of protest, which would address: the use of force; kettling; the deployment of horses; and the new policing powers contained in the Bill and the Police, Crime, Sentencing and Courts Act. I have also signed a range of amendments and new clauses that would seek to protect our civil liberties and trade union rights, including addressing those recommendations from the Joint Committee on Human Rights and those supported by Liberty, Amnesty and others.

I draw colleagues’ attention to amendment 36, tabled by the hon. and learned Member for Edinburgh South West, the Chair of the Joint Committee on Human Rights, about the burden of proving “reasonable excuse” or that an act was part of a trade dispute away from the defendant and making it an element of the offence. The Government are not even attempting to sugar-coat the aim of that measure, which is trade unions. I see trade unions as our last line of defence against the relentless and accelerating attack that we see on the living standards of the working-class. The Government know that their economic policies are unpopular and cause suffering, so they want to remove everybody’s right to resist and fight back.

[Jeremy Corbyn (Islington North) (Ind)]

I thank my hon. Friend for giving way. She is making a very powerful speech in support of her amendments. I was with her at the demonstration outside New Scotland Yard following the death of Chris Kaba. It was an emotional and passionate occasion. Everyone there was looking for justice and looking for knowledge and an inquiry. Does she support more pressure on the Home Office to hurry it up, so that we can get some closure on that terrible loss of life and the pain that goes with it? The beautiful way in which his cousin spoke at that demonstration will stay with me for ever.

[Bell Ribeiro-Addy]

I thank my right hon. Friend, and he is absolutely right. Far too often, families like the Kaba family have to spend months, even years, seeking answers and justice for their loved ones. I hope that in the years to come, the Independent Office for Police Conduct quickly begins to look at measures to speed up the investigations that give family members answers about why they have died. We have to remember that around the time Chris Kaba died, not to mention him too much, he was one of two men who had been killed following contact with police, and one of over 1,000 who have died in police custody or following contact with police since 1990. Since that time, only one police officer has ever been prosecuted. That absolutely needs to change.

In conclusion, the Public Order Bill is a continuation of the Government’s assault on the right to protest, further criminalising people who call for the change we need and ramping up police powers to restrict demonstrations. It could also have a very negative impact on black, Asian and minority ethnic communities. It is authoritarian and disadvantages the poorest and most marginalised communities. Unless it is fundamentally amended, I believe it must be opposed.

[Sir Edward Leigh (Gainsborough) (Con)]

I am surprised we are debating this again. It was only in 2018 when the Home Office concluded there was no need to introduce so-called buffer zones. I am referring here to new clause 11. Buffer zones are disproportionate in the restrictions they impose on freedom of expression, and unnecessary in that there remains a lack of evidence that they are needed. The Government have recently affirmed this position, and rightly so given that existing laws enable the police and local authorities to deal with protests that are harmful. Before we rush to create new laws, it is only right that the Government expect the police and local authorities to use their current powers appropriately and where necessary.

The 2018 review showed that

“it would not be proportionate to introduce a blanket ban”

as the evidence found that protests occurred at less than 10% of abortion clinics. That is a very small number. Of course—we emphasise this point—any kind of harassment is absolutely wrong. It should be dealt with by the law and can be dealt with by existing laws. We have heard much in the debate about how we should turn to existing laws, rather than create new ones. Any remedy must be proportionate to the problem. The review—not my review, but an objective Government review—concluded that most of the activities during these protests were passive in nature. My hon. Friend the Member for Congleton (Fiona Bruce), in a very powerful speech, described just how passive they can be. They can be standing there and praying silently, not even holding up a banner of any nature or saying anything. It could include praying or handing out leaflets. The review found that disruptive or aggressive behaviour was the exception, not the norm. Crucially, it also confirmed that the police have the necessary powers already to take action and protect the public when protests become harmful or disruptive. A blanket ban of the kind proposed in new clause 11 would be disproportionate in the face of those facts. The law must be proportionate.

To be clear, the people this amendment targets are peaceful protestors, often elderly grandmothers, frankly, who are entirely peaceful. They politely pray and hand out leaflets. The contrast could not be greater between those protestors and those of the likes of Just Stop Oil, who glue themselves to roads and create human blockades that are disruptive and obstructionist. If any so-called protesters at abortion clinics did anything like that, they would be immediately arrested. While the police have the powers to take action so that ordinary people can go about their daily lives, they will not stop Just Stop Oil protests.

Are we in this House really going to criminalise people who are peacefully trying to raise awareness about support available? This is the point.