Police, Crime, Sentencing and Courts Bill

Bob Blackman Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Olivia Blake (Sheffield, Hallam) (Lab)]

I am really proud to represent Sheffield Hallam for so many reasons, but one that is particularly relevant to today’s debate is the city’s long and proud tradition of protest. In the 1800s, Sheffield’s Chartists took part in mass demonstrations, holding nightly meetings in Sheffield’s Paradise Square to protest against the then royal ban on open-air meetings. Sheffield played a pivotal role in the struggle for women’s suffrage, and our city’s suffragettes took to the streets time and again to fight for the right to vote. My point is that protests have formed the world around us. They are the reason that I stand here today. They have made our world a better place. Protest is often the start of change. Yes, it is often loud and often messy, because people have been ignored for too long and we need to listen.

Without protests, our country would be unrecognisable. Women would not have won the vote. There would be no NHS. Parliament would be less democratic. The right to protest is a person’s right to shape the world around them—to stand up for what they believe is right and to oppose what they believe is wrong. It is a fundamental cornerstone of our democracy. As such, the Police, Crime, Sentencing and Courts Bill is a flagrant attack on the core principles of that democracy. When this Bill was first proposed, we rightly saw people come together and spread out into the streets because what was being proposed was utterly draconian. I am proud to have worked with the Bishop of Sheffield and many others to talk about how this will impact on Sheffield’s history but also our future.

Having heard what has happened in the other place, I am glad that several amendments have been proposed that would mitigate the worst impacts of the Bill—particularly amendment 73 removing the ability of the police to impose noise-based restrictions on public processions, amendment 80 on giving police the power to impose greater conditions on static demonstrations, and amendment 87 removing their ability to impose conditions on one-person protests. The idea that one person cannot protest or should not be allowed to express themselves is completely at odds with what our democracy should stand for.

We live in a climate and ecological emergency where the future is not only for our country but for the whole planet, and it will be determined by the actions that are taken over the next few years. It is absolutely right that people should be able to hold us to account by raising their voices on our inaction. We have seen a brilliant wave of young people standing up for our environment—for a liveable planet for future generations. We should hold on to those thoughts as we protect protest.

[Bob Blackman (Harrow East) (Con)]

I rise to consider Lords amendments 89 and 146 and the Government’s amendments in lieu. I congratulate my right hon. Friend the Member for Newark (Robert Jenrick) and my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) on their speeches on this subject. I declare my interest as the co-chairman of the all-party parliamentary group on ending homelessness.

There are two aspects to the Vagrancy Act. The first, of course, is being homeless. I have always taken the view that someone should be assisted and not arrested if they have nowhere to live. That is one of the reasons it is desperately important that we end the Vagrancy Act as fast as we possibly can. One of the considerations is that when we go and speak to people who are homeless, rough sleeping on the street, they will say that they fear authority—they fear the police. They should not fear the police; the police should be able to assist in trying to direct them to charities or other bodies that can help them to find a secure place to live instead of their being threatened with either being moved on or literally being arrested. That is one of the most important reasons why we want this off the statute book as fast as possible.

The other aspect is begging. Antisocial behaviour, begging under false pretence of need, forcing others to beg and trespassing are all outlawed under our much more modern legal actions. The police have the powers to deal with this without using the Vagrancy Act, but they will use it because it is a catch-all. In 2014, 2,219 people were prosecuted under the Vagrancy Act, but in 2019 this dropped to 742, demonstrating that we do not need it any more and we must get rid of it.

During the pandemic, my right hon. Friend the Member for Newark led the way on ensuring that everyone was taken off the streets, for which I commend him and the whole Department. However, the rough sleeper count is now back to 4,500—half what it was in 2019 but still far too high.

I am glad that the Government have given way, finally, on abolishing the Vagrancy Act, but I am worried, because we cannot afford to wait 18 months. We will then reach the 200th anniversary of that Act being brought in, which was way before any of us were thought of, let alone born. The reality is, Minister, that you are considering the introduction of a new Bill that will delay things yet further. Can you give us—

[Madam Deputy Speaker (Dame Eleanor Laing)]

“Can he give us”.

[Bob Blackman]

Sorry, Madam Deputy Speaker. Will the Minister make sure that the consultation is very short? I see no reason to extend it beyond four weeks, and then the measure can be introduced and we can get rid of that Act once and for all.

[Layla Moran (Oxford West and Abingdon) (LD)]

Much of what the Liberal Democrats have issue with in the Bill has been covered by my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) in previous consideration. We are making a dangerous and draconian move today. We are told that it will be small steps, and I hope that is true, but in the light of what is happening in Ukraine, it is not a good look.

I will focus today on a chink of light in the Bill—a piece of positivity to take home with us tonight—which is the Vagrancy Act and Government amendment 146. I am delighted, genuinely, that the Government have tabled the amendment. It is four years and 21 days since I asked the then Prime Minister, the right hon. Member for Maidenhead (Mrs May), a question about the Vagrancy Act. I laid the first repeal Bill on that day, and there have been three since then and countless homelessness Ministers—we have lost count. I know that the Government want to claim credit for all these things like they were all their idea, and that is fine, but I end with a genuine thank you to all those Members on the Government Benches and the Opposition Benches, because this has been a cross-party proposal from the moment it was conceived.

Above all, I give credit to the students who brought me this idea in the first place. I have had many emails from them in the past couple of days saying they were in their third year at university, they had been kicked out of the clubs and they had talked to the homeless people on the streets of Oxford. They had asked them what scared them, and the homeless people told them about the Vagrancy Act. That started a petition, and that is how this began. It was the citizen creating change—that is democracy. It is extraordinary for them to start a petition and for it to end here, and I genuinely thank the Government for listening to their voices.

I echo the words and sentiments of the hon. Member for Harrow East (Bob Blackman) and others when they say there is no need to delay and that lawyers have looked at this. There are parts of the country where the police do not use the Vagrancy Act at all. We have tried and tested ways of dealing with this issue. We have already got the legislation. Every day that Act continues is another day that a homeless person is sleeping rough on our streets, scared that one single person—this Act is old, so no witness is needed—can come up to them and prosecute them under this Dickensian, outdated law. We do not need it one day more; this is a better country than that. We should not be saying to homeless people, “You are a criminal.” Instead, we should be acting with compassion and care, and I hope that is what we have started today.