Public Order Bill

Bernard Jenkin Excerpts

Report stage
Tuesday 18th October 2022 Commons Chamber

“What is freedom of expression? Without the freedom to offend, it ceases to exist.”

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I am grateful to have the opportunity to support new clause 11, which was tabled by the hon. Member for Ealing Central and Acton (Dr Huq). She has got into a bit of a scrape because she said something silly, but those of us who know her know that she is an extremely committed parliamentarian and very public spirited, and I hope that order will be restored in that department as soon as possible.

I also congratulate the hon. Member for Walthamstow (Stella Creasy) on new clause 11 and I thank my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) for supporting it. I note that SNP Members support the new clause, although I am not sure whether they will vote on it—they might decide that it is an English measure—but it is interesting that similar measures are being considered in Scotland.

I am grateful to the Minister for Crime, Policing and Fire, my hon. Friend the Member for Horsham (Jeremy Quin), who kindly saw me at short notice yesterday about this matter. The Government may well oppose this new clause. I hope they do not, but I know they are seized of the issue and are giving it consideration. I will listen very carefully to what he has to say about it later.

“Clinic harassment” is the term used to describe the presence outside abortion clinics of groups who seek to dissuade and deter women from accessing healthcare that is their right under our law. Many people would call them protests, but mere protest is not the purpose of the activity and the groups who organise them do not call them protests. It is not about politics or campaigning; it is about stopping individual women from accessing their legal rights. New clause 11 would simply introduce a statutory buffer zone around any location where abortion services or advice are provided, making it illegal to carry out such activities as those eloquently described by the hon. Member for Walthamstow.

We are told that the scale of the problem is small and does not require a national response. That is false. Every year, around 100,000 women are treated by a clinic targeted by these groups. In the last three weeks alone, at least 15 clinics across the country have had people outside, including clinics based in hospitals, GP surgeries and in residential areas. That has impacted hundreds of women’s care and psychological wellbeing.

We are also told that the police and councils already have powers to restrict harmful protests. If that is true, why are they still happening? The fact is that abortion providers have proactively tried to use all the laws suggested by the Home Office to stem the problem, but even where individual protesters and groups have been dealt with by the courts and local authorities, the presence outside clinics has not stopped.

Let us be absolutely clear: we are not debating the principle of whether these so-called protests should be banned; they already are banned in certain places, and the principle of that has been supported by the House. We are just asking whether the existing statutory arrangements—the public spaces protection orders—used by councils to introduce buffer zones around individual clinics are effective. Only five out of 50 targeted clinics are protected.

There are three issues relating to PSPOs: they create a random patchwork of protections, which is inadequate; they are expensive to introduce and very difficult to uphold in the courts; and crucially, they can be introduced only with evidence that harassment is taking place. I made this point to my hon. Friend the Minister last night, and it is a painful thing for him to have to accept, but it is the Government’s policy that women should be harassed outside abortion clinics before a PSPO can be issued. Can the House think of any other policy that requires women to be harassed before the Government or the local authority do something that is perfectly justified? That is an immoral basis for PSPOs.

[Jeremy Quin]

My hon. Friend makes a powerful point, as indeed he did yesterday evening. I was concerned and looked into the matter. The antisocial behaviour statutory guidance states that a PSPO can be made by a council if it is satisfied on reasonable grounds that the activity or behaviour carried out, or likely to be carried out, in a public space has had, or is likely to have, a detrimental impact. I hope that gives him some reassurance that if activity is anticipated and people are concerned that it may take place, there is a means whereby a PSPO may be taken out. He might not consider that a perfect scenario, but where an activity is foreseeable, action can be taken in advance.

[Sir Bernard Jenkin]

I say rather wryly to my hon. Friend, “Good try.” But it is not really adequate, is it? All our local authorities are under huge spending pressure and do not want to spend money on drafting orders and so on, so what local authority will be preoccupied with this problem unless there is a problem? The strength of the case for implementing a PSPO is supported by evidence of likelihood, which will only be evident if the activity has already happened. I am afraid that my hon. Friend the Minister has not really addressed the point, although I commend him for making a good attempt.

We are also told that these groups are only quietly praying and that there is no harassment involved. Well, the hon. Member for Walthamstow told us about what happens, and sometimes people attend in very large numbers.

My final comment on this may answer points that my hon. Friend the Minister will make later. I have been involved for years in discussions with the Home Office, and here I also thank my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) for the assiduous attention she gave us as she wrestled with this problem, which I know has vexed her. Although she never persuaded the Government to accept a previous amendment, the sincerity of her engagement with us was wonderful, and I am grateful. So finally, we are also told that our amendment contravenes protesters’ human rights. Well, I note that the Chair of the Joint Committee on Human Rights, the hon. and learned Member for Edinburgh South West (Joanna Cherry), does not think that is the case—albeit that the Committee has not actually considered this amendment.

We have to recognise that rights have to be balanced, and the exercise of one person’s rights are very often to another person’s detriment. We have to strike a balance, and my argument is that new clause 11 strikes the right balance. The amendment would not stop people sharing their opinions about the vexed issue of abortion. It balances the rights of people who oppose abortion with the rights of women to access healthcare confidentially and free from harassment and intimidation. It does not ban protest; it simply moves it down the road to preserve the space immediately outside the clinic for women seeking care, and for nurses and doctors providing that care. In Committee, when asked about this directly by the Minister, rights groups did not oppose new clause 11. Canada, Australia, Spain, Ireland, Northern Ireland and Scotland all have comparable laws in place or are in the process of introducing them.

I need not detain the House any longer. If the House does not support this amendment tonight, the argument will carry on until an acceptable means of protecting women exercising their legal rights is found. I am grateful to the Government for allowing a free vote on the matter, which is right and proper in the circumstances.

[John McDonnell (Hayes and Harlington) (Lab)]

It is a privilege to follow the hon. Member for Harwich and North Essex (Sir Bernard Jenkin). I rise to support a range of amendments—amendments 1, 2, 11 and 12, new clauses 9, 11 and 13 to 16, and most of those that stand in the names of the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Glasgow North East (Anne McLaughlin). I commend my hon. Friend the Member for Walthamstow (Stella Creasy) for her continuing campaign on this issue, and the right hon. Member for Romsey and Southampton North (Caroline Nokes) for the eloquence with which she spoke on it.

I believe that we should consider carefully the implications of any piece of legislation for our constituents. We must ask ourselves who will be affected, and how? I will discuss specifically how the Bill will have a dramatic effect on my constituents. In my constituency there has been a 40-year campaign against Heathrow expansion, particularly against the third runway. According to the airport itself, 4,000 homes will be either demolished or rendered unliveable as a result of air and noise pollution. Ten thousand people will lose their homes. There is a history of peaceful protest against this by my constituents. Their protests have involved demonstrating noisily, linking arms, marching, sitting down to block the roads into Heathrow and blocking the tunnel into Heathrow. They have involved camping in the local field with Climate Camp, and yes, they have involved training in locking on, to ensure that if someone’s home is threatened with demolition, they can lock themselves to the home.

Yes, the existing law has been used against my constituents, and people have taken it on the chin. The existing law has proved to be effective in many ways in ensuring that people understand the law and know when they cross the limit of the law. I remind the House that there are also specific laws relating to airports.

This campaign demonstrated to me how the democratic process, both inside and outside Parliament, works effectively, because it was successful. It persuaded the Conservative party to change its policy, and the party’s then leader, Mr Cameron, to say:

“No ifs, no buts, no third runway.”

We were disappointed when he later caveated that, saying that the commitment would last for only one Parliament. Nevertheless, it demonstrated that peaceful demonstration in support of the campaign actually did change Government policy, and I believe that it reinforced people’s appreciation of our democratic system.

The threat of a third runway has not gone away. The new discussions taking place on various Benches mean that people are now planning a new wave of protests to protect their homes. In fact, it has gone beyond a nimby campaign, because it is now also about tackling the climate change emergency that is happening now.

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[Fiona Bruce (Congleton) (Con)]

I rise to oppose new clause 11 on the basis of its grave implications—indeed, threats—to freedom of thought, conscience, speech, belief and assembly. Let us be clear: new clause 11 flies directly in the face of those freedoms. It has far wider implications than on abortion alone; it potentially criminalises even those who simply stand peaceably near abortion clinics, and who do so mainly on the basis of their faith-based beliefs. I believe that the clause contravenes human rights. Notably, for example, article 18 of the universal declaration of human rights states:

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

The broad wording of new clause 11 is open to such wide interpretation, particularly the words “seeks to influence”, that it could well catch virtually any activity. The proposed criminalisation of influencing is imprecise, unclear and unpredictable in its effect and potential impact, which contravenes the basic principle of certainty of the rule of law. Certainty is vital so that citizens can tailor their behaviour and remain within the law’s boundaries. Could a social worker advising a confused teenager going to an abortion clinic be seen as influencing within the meaning of this clause and therefore be at risk of criminal liability? This new clause fails the test of certainty and should be rejected for that reason alone.

[Sir Bernard Jenkin]

I am grateful to my hon. Friend for giving way and I am listening carefully to what she is saying, which I know reflects beliefs of great sincerity. Does that mean, however, that she is against the existing law that allows local authorities to ban those same activities around abortion clinics, for example, on a selective basis? It seems to me that the House has already accepted that principle. If she cannot accept that principle, we really are on a different page.

[Fiona Bruce]

I have spoken against that principle on a number of occasions in this place and I will come on to explain why.

The wording of new clause 11 could even catch those who are quietly praying, but when did it become against the law in this country to pray? Unfortunately, five councils have now defined protest as including the word “prayer”. During court proceedings, that has even been confirmed to include silent prayer. That is a grave development that we in this House, more than anyone, must stand against. Staggeringly, it would effectively mean criminalising the affairs going on within the privacy of an individual’s mind. Yet freedom of thought is an absolute, unqualified right. As the Minister for the Americas and the Overseas Territories said earlier today in response to the urgent question, peaceful protest is a “fundamental part” of UK society.

Whatever our individual views on abortion, we must stand against new clause 11. Otherwise, we risk opening the door to discrimination even more widely. Why not have buffer zones around political conferences? A young Hongkonger told me yesterday that when she attended the recent Conservative party conference, she was “scared” of accessing the conference centre because of the aggressive behaviour of political opponents around it, yet there is no suggestion of having buffer zones there, and nor should there be. As MPs, we would be aghast if we risked a fine and imprisonment simply for handing out a campaign leaflet containing our political views on the street and seeking to influence others at election time. No: new clause 11 is specifically targeted at those with faith-based views and we should be equally aghast at it.

Of course, harassment or intimidation around abortion clinics—or anywhere—has to be addressed, although in more than a quarter of a century of people quietly gathering around abortion clinics, there have been relatively few, if any, reports of that and there are already several pieces of legislation that could tackle it if needed. The Offences against the Person Act 1861, the Public Order Act 1986, the Protection from Harassment Act 1997, the Criminal Justice Act 1988 and the Anti-social Behaviour, Crime and Policing Act 2014, and the Police, Crime, Sentencing and Courts Act 2022, which was passed only this year, all provide sufficient powers to tackle harassment and intimidation. This addresses the point of my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin): rather than creating new and unnecessary laws, the police’s and our efforts should be on ensuring that they and the prosecution use the powers that they already have.

This new clause goes further and potentially criminalises peaceable gatherings. Indeed, looking at the wording of the new clause, it is perfectly possible to see an argument being made that just one person standing alone quietly near a clinic could be guilty of the criminal offence proposed in it. Widely or poorly drafted legislation, as here, can have serious unintended consequences, as we have seen in recent years. During the pandemic, Rosa Lalor, a 76-year-old grandmother, was arrested, prosecuted and charged for nothing less than praying and walking outside an abortion centre. It took over a year before Merseyside police force dropped the charges, noting that her actions were completely within the law. For her, however, the punishment was the process, despite being completely innocent of any wrongdoing.

Too often, in recent years, the mere expression of unpopular viewpoints has been interpreted, or rather misinterpreted, as automatically being abusive or harassing under the Public Order Act 1986, due to the broad discretionary powers the police have. We must stand against this. We have seen numerous examples of street preachers and others arrested for nothing more than peacefully expressing traditional views in public. When arrested and prosecuted, it is very rare for this to lead to conviction, but by the time they are vindicated the damage is done to the individual subjected to a prolonged criminal process, to the public’s confidence in policing and, indeed, to freedom of speech. Such miscarriages of justice have an abiding chilling effect, leading many—indeed, many thousands of people—across our country today to self-censor deeply-held views, which is a problem far more widespread than is currently recognised and that will no doubt be exacerbated by new clause 11.

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[Jeremy Quin]

That would be a decision made by a court in very specific circumstances, and I do trust our courts to take appropriate action. They can only do so on the weight of evidence, and they are very used to taking these decisions. After all, there is a tried and tested process whereby injunctions can be sought and obtained to prevent a future harm. I do not think this is as radical as my hon. Friend is suggesting. However, I congratulate him on the points he made, even though I disagree with him, and also my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) on his contribution to this point of the debate. I would love to prevail on my hon. Friend the Member for Broxbourne to withdraw his amendment, but I do not think that is going to happen, and I look forward to opposing it.

Turning to the hon. Member for Croydon Central (Sarah Jones), I spoke earlier in the debate about why we believe that injunctions are useful. We absolutely accept the point being made by the hon. Lady that they are appropriate when used properly, and that is why we have tabled our amendments. I think ours is a more competent and effective way of achieving our shared objectives.

On new clause 5, which seeks to define the meaning of “serious disruption” for the purposes of this Bill, I have to say that no two protests, nor the operational response required, are ever the same. Being too prescriptive risks the ability of the police to respond to fast-evolving protest tactics while also risking the exploitation of loopholes by those intent on causing as much disruption as possible. That is not to say that I dismiss the principle of this amendment. There is a balance to be struck between a definition that is broad and one that is prescriptive, so while I do not agree with the hon. Lady’s amendment, we will reflect further on its intent.

I turn now to perhaps the most vexed issue in today’s debate—namely, new clause 11, proposed by the hon. Member for Walthamstow (Stella Creasy). New clause 11 seeks to create 150-metre buffer zones outside abortion clinics in which all activity interfering with a person’s right to access abortion services would be prohibited. As the hon. Lady would accept, that is a blunt instrument. It is there to achieve an objective, but within those 150-metre buffer zones there could be houses and churches, and this would be a national decision covering the 150 metres around all clinics.

At the outset of the debate, I made it clear that, from the Government’s perspective, it is a free vote for members of our party. My good friend, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), said that this is a difficult issue to grapple with, and it is indeed difficult. However, I would like to make it clear that it is entirely possible to support totally a woman’s right to an abortion and to view protests outside abortion clinics as abhorrent while still believing that the current legislative framework provides an appropriate response.

[Sir Bernard Jenkin]

I think the Minister should now be persuaded, particularly as one of his predecessors, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), has now made it clear that she supports this amendment. It is time for the Government to say that we have to recognise that the present arrangements are not adequate, and we will be thinking about how to build on the arguments that have been presented in new clause 11. Just to rest on the status quo is not a sufficient response, however the Government vote today.

[Jeremy Quin]

I sympathise with the sentiment behind new clause 11. I hope we all agree that it is wholly unacceptable for women to feel harassed or intimidated when accessing abortion services. However, bearing in mind the size, scale and frequency of those protests, it is still our view that placing a nationwide blanket ban on protests outside all abortion clinics in England and Wales would be a blunt approach and disproportionate given the existing powers that can and should be used.

Public Order Bill

Bernard Jenkin Excerpts

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Dr Huq]

I completely accept what the hon. Lady just said. As a woman, Madam Deputy Speaker, you know that, if any woman present in the Chamber were walking down a dark alley, they would shudder if someone was there. That feeling is magnified x amount of times for women having that difficult and distressing procedure when people determined to stop them having a termination are in their path. Those people can have their say, but let us move them away from the clinic door.

Buffer zones are not outlandish. They exist in France, Spain, Canada, Australia and some US states. In Ireland, they are legislating on them at the moment. We will be out of step with the rest of the UK, because a Bill is being brought in in Northern Ireland and a private Member’s Bill will become law this year in Scotland.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I apologise to my hon. Friend the Member for Northampton South (Andrew Lewer), because His Majesty the King was visiting my constituency today, so I arrived back too late to hear him propose the amendment. It is worth pointing out, however, that both Houses have now voted heavily in favour of the principle of buffer zones. We have to understand the passions behind what is proposed, but it is not really a relevant amendment that advances the argument. In fact, it tries to set the argument back against what both Houses have already decided.

[Dr Huq]

The hon. Gentleman and knight of the realm makes a completely incontestable point. When we last voted on it in this place, we voted in favour by almost 3:1. In the other place, the vote was taken on voices, because the support was overwhelming. Hon. Members should not fall for a wrecking amendment; they should reject it.

This is about not the rights and wrongs of abortion—that question was settled in 1967—but the rights of women to go about their lawful daily business. It is not even a religious issue: the Bishop of Manchester in the other place made a barnstorming speech on the day.

As we said after the tragic killing of Sarah Everard, she was only walking home. Women should be allowed to use our pavements unimpeded. We saw the re-sentencing of her killer yesterday, so it all came back, and sadly, Sabina Nessa and Zara Aleena have been killed since. We cannot stand by, do nothing and say, “This is all okay.” It is obviously not, when 10,000 women a year are affected. Who could argue with safe access? I urge hon. Members to support Lords amendment 5 unamended.

--- Later in debate ---

[Sir John Hayes]

My right hon. Friend will be pleased—but not surprised, given that he knows me so well—to hear that I entirely agree with him. I would not support loud, aggressive protests outside abortion clinics. They do take place in some other countries, but the evidence that they take place in this country is extremely thin. Indeed, a previous Health Secretary conducted a review to establish that fact. If that was in any way likely or possible, or was made more possible by this amendment, I would not be speaking in support of it, so my right hon. Friend is entirely right. This is about peaceful, silent protests.

In moving this Bill at its inception, the Government rightly said they were doing so because they were against violent disruptive protests. They had in mind people gluing themselves to roads, and stopping ambulances that were rushing to save lives. I support this Bill. I support its objectives because that kind of disruptive and violent protest is incompatible with a free, open and peaceful society. But it is extraordinary that, simultaneously, having said that they were in favour of peaceful protests—the defence being, “We are in favour of an open society, different opinions, the right to put your case by protesting peacefully”—the Government are now failing to support an amendment, tabled by my hon. Friend the Member for Northampton South because the Government refused to table it, to protect people’s right to protest in the very peaceful and indeed silent way that a few weeks ago they were saying they were prepared to defend.

[Sir Bernard Jenkin]

It is not a matter of interpretation, because it seems to me that this amendment would create exactly the kind of conflict and disruption to public peace that it is intended to avoid? If somebody kneels ostentatiously to pray in front of someone on their way to an abortion clinic, what is that intended to do? This amendment says that

“such communication or prayer shall not, without more, be taken to be—

(a) influencing any person’s decision”,

but why else would somebody kneel down and pray in front of a woman on her way to an abortion clinic unless it was intended to influence that person’s decision? There is a balance to be struck between the rights of people who pray, like my right hon. Friend and me, and the rights of people trying to avail themselves of a perfectly legal service to which they have a right.

[Sir John Hayes]

I do not know how often my hon. Friend prays—maybe more often than I do, although my need to do so is probably greater—but he must understand that prayer does two things: it sends a message, one hopes, to the Almighty; and it provides solace for the person praying. So the person praying outside the clinic may well be sending a message, but that message is just as likely to be transcendental as to be intended for any individual in proximity.

The idea that we should interrupt the relationship between an individual and their God seems to me to be pretty monstrous, particularly as amendment (a) states specifically that any activity, communication or prayer shall not influence any person’s decision or, more especially, instruct or impede any person. This is not about interfering with another. Rather, it is about expressing a view to oneself, to the Lord and perhaps to others; but that could surely be said of any prayer at any time. Are we going to arrest people in other public places? Once this is allowed and the police are permitted to apprehend people for what they think and what they are praying about, why not arrest them in other public places? Why does this have to apply only to abortion clinics? Once we open this door, why would the police not arrest people outside mosques or temples, or in any other public space where they are praying to illustrate an opinion—or indeed, as I have said, to express it not horizontally but vertically, to a greater power above us?

--- Later in debate ---

[Ian Paisley]

I look forward to the Minister joining me in the Lobby this evening.

Whenever we walk into the Palace of Westminster, we walk beneath a massive portrait of Moses by Benjamin West. We walk through St Stephen’s Hall, and what is St Stephen’s Hall? It is a church. We walk over the catacombs under which is another church. We come to this place—to the “mother of Parliaments”—and debate a piece of legislation that essentially says, “If you dare to pray in a certain part of this Christian nation, in silence, you will be arrested.”

[Sir Bernard Jenkin]

Will the hon. Gentleman give way?

[Ashley Dalton]

Will the hon. Gentleman give way?

--- Later in debate ---

[Danny Kruger]

I recognise that, but the difficulty is that none of us can know their motivation. I can accept that my hon. Friend’s judgment is that the motivation is pretty malign. The prayer might be well intentioned, but the attempt to dissuade a lady from accessing an abortion clinic is genuine. There is no doubt that is what is happening. My concern is about the principle of this law, how it will be applied and the precedent it sets in our democracy.

My concern is that the Bill authorises the police to ask exactly the question raised by my hon. Friend. It authorises them to go up to a private citizen standing on a street corner, not overtly harassing anyone, and to ask the question that the police asked the lady in Birmingham, “What are you praying about? What is in your head at this time?” They could see that she was not doing anything offensive, but they concluded that she was probably thinking something of which they disapproved, so they took steps to arrest her. I think we are taking a very concerning step as a country in authorising the police to act in that way.

[Sir Bernard Jenkin]

I utterly respect the sincerity with which amendment (a) to Lords amendment 5 was moved and why my hon. Friend is supporting it. I am pleased to hear that the hon. Member for North Antrim (Ian Paisley) is against harassment, but that is the point of amendment (a). It does not say that any person engaged in consensual communication or silent prayer shall avoid harassment; it says that it shall not be taken as harassment. However ostentatiously someone is praying, or however aggressively they are seeking to open consensual communication with an individual going to a clinic, it shall not be taken to be harassment. It is a blank cheque for a person to behave in a harassing way, because they can defend themselves by saying, “Oh, but it says here that what I was doing shall not be taken as harassment.”

[Danny Kruger]

The behaviour that will not be taken as harassment is private prayer. Other actions that may be taken—obstructing a person walking down the street was what my hon. Friend suggested earlier—will be in scope. What should not be in scope is a person thinking something in their head. That is the only defence on which we are trying to insist, and I invite Members to consider whether they want to pass a law that will ban people from thinking something. Other forms of harassment or obstruction will be in scope of the law. So I do not think the intention is to stop people praying—I do not think that is what the hon. Member for Ealing Central and Acton, the Government or indeed any of us want to do. We need to send a clear signal of the intention of Parliament through this amendment, and I commend my hon. Friend the Member for Northampton South (Andrew Lewer) for tabling it. I ask Members to consider that if they vote against it, they are voting to ban private prayer. Of course it is a special case and we are talking about tiny zones, and of course we can all sympathise with the intention of the clause, but the point is the principle of this—

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[Sir Edward Leigh (Gainsborough) (Con)]

It is worth looking at what amendment (a) states. It states:

“No offence is committed under subsection (1) by a person engaged in consensual communication or in silent prayer”.

For the avoidance of doubt, amendment (a) goes on to say that nothing in it should allow people to be harassed or their decision to be changed, such as kneeling down and praying right in front of somebody’s face, or blocking the pavement, or indulging in any kind of harassing.

[Sir Bernard Jenkin]

Will my right hon. Friend give way?

[Sir Edward Leigh]

I am not going to give way to my hon. Friend, who has intervened many times already. I have been asked to speak very briefly.

It is worth looking at what this amendment is, and it is worth considering the question put by the police officer to the lady. The police officer asked her, “Are you praying?” In other words, there was nothing she was obviously doing that was harassment or in any way objectionable. The police officer had to actually go into her mind—she was just standing there; I do not think it is even clear that she was kneeling—and that is surely what is dangerous about the measure.

In speaking to this Chamber, I am going far beyond what that lady was doing. Of course I am not indulging in any objectionable behaviour by expressing my thoughts. I am not harassing anybody, but everybody in this Chamber in a sense is being forced to listen to me, and I have spent 39 years no doubt irritating people and even boring them. They cannot shut their ears, but this lady was not actually saying anything, and the policeman had to go up to her and ask what she was doing. If we are going to have a law—a criminal law—it has to be capable of being effective.

The reason George Orwell’s novel “1984” resonates so much with all of us is that the state was trying to regulate not just people’s actions but what goes on in their minds. That is why, ever since that novel was written, people have felt that probably the most advanced form of totalitarianism is one where the state is trying to regulate not simply people’s behaviour, but their minds. What the debate is about is that those who oppose my hon. Friend the Member for Northampton South (Andrew Lewer) are determined to stop anybody indulging in any kind of protest, if it could be deemed to be some sort of protest, even if it is entirely silent.

The whole point of the Public Order Bill, as I understand it—this is why I support it—is that it does not outlaw peaceful protest. What the Government are addressing is people making that protest who are deliberately trying to obstruct the rights of other citizens by blocking roads or whatever. That is the point of the Bill. It has now been hijacked by people who want to stop completely silent peaceful protest.

The case of Livia Tossici-Bolt has not yet been mentioned. In the past few days she was told by council officers in Bournemouth that she would be fined simply for holding up a sign saying, “Here to talk if you want” inside a buffer zone. She was not holding up a sign with any graphic images, and she was not trying to intimidate anybody; she was simply saying, “Please, if you want to talk, I am here if you want any advice. This is a very difficult day for you.” For that she was stopped by the police. In other words, that lady was told that she could not offer other women who might, in some circumstances, be coerced into attending an abortion clinic, or who felt that they lacked the resources to complete a pregnancy, the opportunity to talk if they wanted to do so.

We must not criminalise such peaceful activity. Where are we going? Where will this stop? I believe—this is how I will conclude; I think that this is the shortest speech—that this is an entirely worthwhile, harmless, moderate amendment, and I hope that Members will support it.

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[Sarah Jones]

I do not agree with that interpretation at all. We have public space protection orders around some abortion clinics now, and we are broadening that out. That has been voted for twice, in this House and in the other place. I believe very firmly that the changes proposed in amendment (a) would risk preventing people from getting the medical support they need. Let me explain why.

I am a person of faith. I have also walked into an abortion clinic. I pray, but I also know how intimidating it is to walk past people silently standing there with signs trying to communicate, trying to pray, trying to persuade women to change their mind. It is a balance that we strike in this place between a woman’s right to privacy and healthcare and everybody’s right to go about their business and do what they choose. This place has already struck that balance.

I will explain why I also believe the proposal would not work. It goes way beyond silent prayer. Amendment (a) states:

“No offence is committed under subsection (1) by a person engaged in consensual communication”.

What is “consensual communication”? How on earth can we define it? Members have said women should not be harassed. Everybody agrees with that, but one person’s consensual communication is another person’s harassment. We have taken some legal advice on the amendment. The Government, when considering whether to support it, should look at the wider implications it might have.

[Sir Bernard Jenkin]

Just to make the obvious point, the whole purpose of the buffer zones legislation is to create an exclusion zone around abortion clinics so that people with views they want to express about the subject of abortion clinics will not be in contact with people going to use those services. Amendment (a) would drive a coach and horses through that whole process. The way it is worded would mean that people would be protected from accusations of harassment, because their actions

“shall not…be taken to be…harassment”

whatever they may actually be doing, so long as they can call it silent prayer. That drives a coach and horses through what the House of Lords compromised on and what the House of Commons originally agreed to vote for and approve.

[Sarah Jones]

The hon. Member is completely right. The amendment also risks driving a coach and horses through all the protests legislation. If I am standing outside Parliament protesting and being annoying and loud, the police may want to intervene, but I might say, “Actually, I’m silently praying. Are you going to tell me I’m not?” How far does the amendment ride roughshod over all our definitions of protest? That is a question that the hon. Members who support it have not considered.