Oral Answers to Questions

Debate between Chris Philp and Michael Ellis

Monday 26th February 2024 Commons Chamber

[Sir Michael Ellis (Northampton North) (Con)]

In respect of the projection of an antisemitic, terrorist-originating slogan on to the Big Ben tower last week, the Metropolitan Police Commissioner claims that he is powerless. That is utter nonsense, Among other options, the police could use section 4A of the Public Order Act 1986, which refers to the use of

“threatening, abusive or insulting words or behaviour”

with

“intent to cause…harassment, alarm or distress”.

It was behaviour, and it was insulting to Jews and many others. The police could also have reasonably feared a breach of the peace, ordered the removal of the projection machine, and, if there was non-compliance, arrested the individual for obstructing a constable under the Police Act 1996. I have personally prosecuted people for these offences. Police who fail to do their duty can be disciplined for neglect of that duty. Will the Minister act?

[Chris Philp]

I am sure that all Members were horrified when those political statements, one of which, by implication, called for the destruction of Israel, were beamed on to the Big Ben tower. It was totally unacceptable, and, incidentally, it was also a breach of planning law. I do expect the police to take action; my right hon. and learned Friend, a former Attorney General, has set out a number of grounds on which it could have been taken, and he can rest assured that I have forcefully communicated that to the commissioner already.

Antisemitism in the UK

Debate between Chris Philp and Michael Ellis

Monday 19th February 2024 Commons Chamber

[Sir Michael Ellis (Northampton North) (Con)]

Vicious campaigns of antisemitism are occurring in many universities in this country. Jewish students have visited me to tell me about it, and some of the accounts are bone chilling. The failure of the Metropolitan police to deal with some of the fascist-style racists in the London marches has been a historic disgrace that has unleashed more attacks. The aggressive hounding by protesters of MPs, especially Labour MPs out campaigning and a Conservative colleague at his home, is a real threat to the democratic process.

I am concerned about reports of a magistrates court judge liking an antisemitic post on social media, having passed an extremely lenient sentence on protesters convicted of terrorism offences. This judge apparently trains junior members of the judiciary and is involved in judicial appointments of other judges. Should that not result in a full, deep investigation, with a past docket of cases being checked for bias and a potential suspension, pending the interim report?

[Chris Philp]

I thank my right hon. and learned Friend for his question. Ministers are very clear that where behaviour on marches crosses the criminal threshold—inciting racial hatred, causing fear of harassment, alarm and distress, terrorism offences or glorifying proscribed organisations—we expect the police to take robust action and to make arrests. They have made about 600 arrests so far. In fact, some brave police officers were injured in the course of trying to make an arrest in London on Saturday.

I echo and strongly endorse my right hon. and learned Friend’s point about Members of Parliament. No Member of Parliament, as a democratically elected representative of the people, should be subject to harassment or intimidation. As he said, some Labour MPs have been, which is completely unacceptable. We have seen the incident at the office of my hon. Friend the Member for Finchley and Golders Green (Mike Freer), which was completely unacceptable—in that case, I believe arrests have been made. And, of course, my right hon. Friend the Member for Bournemouth East (Mr Ellwood) suffered a terrible incident at his home address just a few days ago. All that is unacceptable and illegal, and I expect the police not only to protect MPs, but to identify and arrest the culprits afterwards.

In relation to the judge, the judiciary is of course independent. Matters of judicial conduct are subject to investigation by the Judicial Conduct Investigations Office. From the account of the incident that I have heard, and which my right hon. and learned Friend gave, that is the kind of thing that I would expect the JCIO to investigate.

Metropolitan Police: Operational Independence

Debate between Chris Philp and Michael Ellis

Thursday 9th November 2023 Commons Chamber

[Chris Philp]

I thank the shadow Home Secretary for her questions, as always. She asked about where the Home Secretary is. It may have been wise to ask that privately rather than publicly, but she is with a close family member who is having a hospital operation this morning. I have the Home Secretary’s permission to say that to the House in the event that somebody raised it, as the shadow Home Secretary has done, so I am passing that message on to the House.

As we consider this topic, the House should keep in mind the fact that many of our fellow citizens are feeling deeply uneasy about what is going on in the middle east and the domestic repercussions. We have seen a spike in Islamophobic offences—there have been 21 arrests in the last four weeks for Islamophobic offences. We have seen a surge in antisemitic offences—there have been 98 arrests for antisemitic offences in the last four weeks.

I have been contacted this morning by members of the Jewish community who are deeply uneasy about what this weekend will bring. I do not think it is acceptable that our fellow citizens feel scared or uneasy walking about the streets of London. It is reasonable for politicians—the Prime Minister, the Home Secretary and others, including, I am sure, some on the Opposition Benches as well—to raise those concerns and make sure that the police are protecting those communities. It is not acceptable to have fear and hatred on our streets. Let that message go out from this House today.

In relation to the question about operational independence, yes, of course the Government resolutely back operational independence, as the Prime Minister made clear yesterday, after his meeting with the commissioner at No. 10. But the Prime Minister also said after that meeting that he would hold the commissioner to account, as politicians are supposed to do—police and crime commissioners, including the Mayor of London, as London’s PPC, do that, and so do we, as Members of Parliament. That is perfectly proper and perfectly right.

In terms of the approval process with No. 10, I am afraid I do not have any visibility on that at all, but let us keep in mind that we are seeing a humanitarian crisis unfolding in Gaza, there are 200 people being held hostage, some 1,400 people were slaughtered by terrorists and members of our own community are feeling scared this weekend. Let us keep that at the front of our minds, not party political point scoring.

[Sir Michael Ellis (Northampton North) (Con)]

Of course there is a principle of operational police independence, but I am concerned that the Metropolitan Police Commissioner keeps saying he has no powers to stop the march or arrest people in these marches. He certainly has powers under sections 3, 4 and 5 of the Public Order Act 1986 and under sections 1, 12 and 13 of the Terrorism Act 2000. Does my right hon. Friend agree that the commissioner’s predecessors certainly felt that they had the power to ban marches by the English Defence League in 2011 and 2012 under the same legislation that we are talking about now? Does he also agree that the Home Secretary has a power under section 40 of the Police Act 1996? That says that where the Home Secretary feels that the police are failing to exercise their discretion reasonably, she can demand special measures to take action herself.

[Chris Philp]

I thank my right hon. and learned Friend for his question. His knowledge of the law in this area, as in all areas, is immaculate. The commissioner does have powers under—I think—section I3 of the Public Order Act 1986 to ban marches in certain circumstances. As my right hon. and learned Friend says, it was last used about 11 years ago, so it is quite a rarely used power. It applies when the police think that they are unable to deal with disorder that may break out. That is quite a high threshold. The Metropolitan police have so far not made a request to the Home Secretary under that section, but, if they do so, it will be considered very carefully indeed.

As my right hon. and learned Friend said, the police have a wide range of powers that they have been exercising under anti-terrorism legislation. That legislation makes it an offence to glorify, promote and incite association with proscribed organisations, which of course includes Hamas. Section 18—I think—of the Public Order Act makes it an offence to use threats to incite racial hatred. There is a wide range of offences and they are being used. So far during these protests, 188 people have been arrested for hate crimes in relation to glorifying Hamas, inciting violence, and apparently praising the appalling terrorist atrocities that were committed, and we expect that wide-range of powers to continue to be used.

Coronation: Policing of Protests

Debate between Chris Philp and Michael Ellis

Tuesday 9th May 2023 Commons Chamber

[Chris Philp]

I agree with the shadow Minister that it is important to maintain the balance to which she refers, but as I said in my opening and subsequent responses to the hon. and learned Member for Edinburgh South West (Joanna Cherry), the right to protest was, for those hundreds of people, protected. The protests did happen, and indeed there is no question, in principle or in any legislation, but that the right to peaceful protest is sacrosanct. In recent months, however, we have seen that right being stretched into acts that were deliberately disruptive, when people have sought to close down the M25 and to close down the streets of London, not so much as an act of protest as to deliberately inconvenience the public. That is where we draw the line.

At the weekend, broadly the same test was applied. Peaceful protest is, of course, absolutely fine, but activity that was designed to seriously disrupt the coronation—including potentially causing a stampede of horses or covering the ceremonial procession in paint—was not acceptable. I think we can agree that this was a unique situation. The police had to make very difficult judgments and decisions in a very short time, against an extremely threatening intelligence picture, and the facts were often unclear at the time. I think all of us here should accept that those are difficult decisions. While it is for the police to answer operationally, I think that if they were here, they would say that they acted lawfully at the time to the best of their reasonable belief. However, I do want to put on record that the right to peaceful protest is sacrosanct, and I am sure that no one on either side of the House would ever seek to undermine it.

[Michael Ellis (Northampton North) (Con)]

Does the Minister agree that, as a matter of law, the police are entirely within their rights to arrest individuals in order to prevent a crime? That happens somewhere in the country pretty much every day. Obviously, the police do not wait until a crime is committed—until the active offence is committed—before acting. If they know from intelligence received that an armed robbery was about to take place, they do not have to wait until it is taking place before acting, and the same applies here. Does the Minister agree that the police did an excellent job in very difficult circumstances? This is a Government who support the police; we will leave the Opposition parties to support those who do not follow the law.