Public Order Bill

Cherilyn Mackrory Excerpts

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Danny Kruger (Devizes) (Con)]

I rise to speak to amendment (a) to Lords amendment 5.

I recognise that there is a genuine problem that the Bill and the Lords amendments seek to address, of harassment, intimidation and offensive behaviour directed at women going into abortion clinics. I recognise that this requires policing and that it is appropriate for the authorities to stop harassment and intimidation. This House and the other place have decided that additional legislation, on top of what is already on the statute book, is required to enable that additional policing. All the arguments made by the hon. Member for Ealing Central and Acton (Dr Huq), who has campaigned so hard on this issue for so long, have been accepted by the House, and I do not think there is any particular value in unpicking her arguments. That debate has been had.

The question now before us, and the purpose of amendment (a) to Lords amendment 5, is about what is to happen in these safe access zones, as they are now to be called. I recognise that is the intention behind the Lords amendment, and the intention behind the original clause, but my concern is that, in asserting a general principle of something we do not want, and couching that desire in very broad terms, we are taking a momentous step. We are crossing an enormous river. The Rubicon was actually a very small stream, but it was a momentous step. When we criminalise prayer, private thought or, indeed, consensual conversations between two adults, we are doing something of enormous significance in our country and our democracy.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

I agree with everything my hon. Friend says, but my concern is about the motivation for a person to silently pray there. What motivation do they have other than to be seen by a woman who is at her lowest ebb? It is not the best day of her life. In fact, it will be one of the worst days of her life.

[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.