Public Order Act 2023 (Interference With Use or Operation of Key National Infrastructure) Regulations 2025

Lord Hanson of Flint Excerpts

Wednesday 4th February 2026 Lords Chamber

Moved by

[Lord Hanson of Flint]

That the draft Regulations laid before the House on 27 November 2025 be approved.

Relevant document: 45th Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, I will come on to the SI in detail in a moment, but I begin by reminding the House of a Labour manifesto commitment that is central to this area of work.

The Labour Government have planned to champion robust and world-leading animal welfare standards. On Tuesday 11 November, the Government published our animals in science strategy, a joint effort led by my noble friend Lord Vallance and supported by my noble friend Lady Hayman of Ullock and me. The policy statement was to phase out animal use in science, as announced by a Written Ministerial Statement. This policy has been welcomed by animal welfare groups, industry and academia. We have been clear that this can be done only at a pace that scientific advances allow, and that in some areas it will be essential to continue the use of animals in science for specific purposes.

It is therefore critical—this is where I return to the SI—that, although the Government’s direction of travel is to find alternatives to animals in science and phase out their use, we ensure at the same time that we get growth potential from this business in the world at large. The protection of those critical resources, while we try to reduce and eliminate their use where possible, is therefore essential. The purpose of the SI is to better protect facilities that are indeed essential for developing treatments for human and animal diseases. That is why, although the government manifesto’s direction of travel is clear and will, I hope, be met, the life sciences industry remains integral to this country. It is central to health resilience, to pandemic preparedness and to capabilities in this area. In my view, recent experience underscores why we must be prepared at all times to respond to such a crisis.

This Government want the UK to become a global beacon for scientific discovery. The life sciences sector employs over 350,000 people and generates £150 billion-worth of turnover annually. The sector is essential to the development of new treatments and crucial to the safety testing of new medicines and vaccines. No one knows that better than my noble friend Lord Vallance, who dealt with such issues during the response to the Covid-19 outbreak; its contribution in that instance cannot be overstated.

When it comes to the SI, recent protest activity has deliberately targeted the life science sector, threatening the UK’s sovereign capability to produce vaccines, medicines and therapies, and has disrupted supply chains that are, in my view, indispensable to research and national health protection. As a result of that disruption, work that is of significant benefit to society is, I am afraid, placed at risk. It is therefore incumbent on the Government of the day to act without delay.

That brings me directly to the subject of our debate today. The legislation before the House will address the issue that I have outlined by amending Section 7 of the Public Order Act 2023 to add the life sciences sector to the list of key national infrastructure. This will make it a criminal offence to deliberately or recklessly disrupt life sciences infrastructure or interfere with its use or operation. Anyone convicted of this offence will, obviously, have been arrested by the police and potentially warned by them, and the CPS will have gone through those charges, but anyone who ultimately faces that conviction will face a penalty of up to 12 months’ imprisonment, a fine or both. In turn, this change will strengthen the police’s ability to, in my view, respond to disruptive protest activity that is undermining our national health resilience.

The legislation will cover infrastructure that primarily facilitates pharmaceutical research, or the development or manufacturing of pharmaceutical products, or which is used in connection with activities authorised legally by Parliament under the Animals (Scientific Procedures) Act 1986. That will include pharmaceutical laboratories, medicine and vaccine manufacturing facilities, suppliers of animals for research and academic laboratories carry out research involving animals.

It is clear that when Parliament passed the Public Order Act 2023, it explicitly deemed it necessary to build in the ability for new elements to be added to Section 7. The original section covered vital infrastructure being targeted by overtly disruptive protest; the life science sector now faces precisely the same situation. Parliament deliberately framed the definitions in the Act widely and explicitly allowed Parliament to add to the list of key national infrastructure, should the need arise. Today, that need has arisen.

If I may, I will directly address the fatal amendment tabled by the noble Baroness, Lady Bennett. First, I disagree with the stance and content of the amendment, but I think I have a duty to explain why. Let us take the components in turn. The noble Baroness has argued that the regulations constitute “legislative overreach” and

“extend the definition of ‘critical national infrastructure’ beyond its appropriate meaning”.

I will listen to her comments, but it is important that we put this on the record now.

Disruption to the life science sector poses significant and imminent risk to this country’s ability to act in a medical crisis and, if not addressed, could seriously undermine the UK’s readiness for the next pandemic. This is entirely in keeping with the existing definition of key national infrastructure and, given the risk posed to the country, in my view it comfortably meets the Government’s high threshold for this protection. The key national infrastructure sections that we have already include road transport, rail infrastructure, air transport infrastructure, harbours, downstream oil infrastructure, gas infrastructure, onshore oil and gas, onshore electricity generation and newspaper printing infrastructure. I suggest that support for activity in a medical crisis meets that criterion.

Secondly, the noble Baroness argues in her amendment that the proposal from me and the Government today further restricts

“the democratic right to peaceful protest”.

Let me be clear to this House: the right to peaceful protest is a fundamental part of our democratic society. People should have the right to protest. If they wish to protest, they should have that right. I have undertaken protest myself. This measure is not to limit protests: it does not prohibit or restrict peaceful protests, but there is a balance to be struck, and the right to protest does not extend to causing serious disruption to or imperilling that key national infrastructure.

Finally, the noble Baroness’s amendment includes an assertion that

“sufficient steps to end animal testing have not been taken”.

I referred in my opening remarks—I put those at the top of my speech, because I am quite proud of this— to the fact that my noble friends Lord Vallance and Lady Hayman of Ullock have, with me, brought forward a manifesto commitment in the first year of this Labour Government to publish a strategy to replace animals in science. It sets out how we will create a revolutionary research and innovation system that replaces animals with alternative methods, the key caveat being “wherever possible”. That technology, which my noble friend is very much on top of, will develop. We hope to replace animals in science as we can and to phase them out, in line with our manifesto commitment.

Through the Office for Life Sciences, my noble friend Lord Vallance has allocated £75 million in funding alongside publication of the strategy to help ensure that we can develop those alternatives, which will support laboratories in moving away from animal testing and adopting safe, proven alternatives. Nobody in this country of animal lovers wants to see suffering or their unnecessary use. The Government’s plan will support that work to end animal testing, wherever possible, and roll out alternatives as soon as it is effective and safe to do so. In doing so, that will contribute to the export potential and the growth agenda for this country, and the serious scientific research that this country can utilise to make a difference in the world at large.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, this has been a passionate debate, which we on these Benches welcome. Dealing with the statutory instrument before us gives us the opportunity to recognise the importance of our life sciences sector to public health, national resilience and the wider economy. It is therefore right that they should work and operate without sustained disruption, intimidation or obstruction.

The regulations, as outlined in the debate, extend the definition of “key national infrastructure” to include the life sciences sector. In doing so, they ensure that the police have access to a clear and consistent set of powers where protest activity moves beyond lawful expression and into serious interference with the use or operation of critical facilities.

It is important to be clear about what this instrument does and does not do. It does not prohibit peaceful protest, nor does it seek to suppress legitimate debate, including on matters that attract strong and sincerely held views. The right to protest remains a fundamental one. What these regulations address is conduct that is deliberately disruptive, sustained or targeted in a way that prevents lawful activity from taking place and places staff, researchers and patients at risk. Life sciences facilities have in the past been subject to precisely that kind of activity. Existing public order powers can be complex, reactive and fragmented. By bringing the life sciences sector within the framework established by the 2023 Act, the regulations provide greater legal clarity, earlier intervention where appropriate and a more proportionate and effective response to serious disruption.

We also note that the instrument is tightly focused. It does not create new categories of protest offence but applies an existing regime to a sector whose importance to the national interest is clear. The offences remain subject to established thresholds, safeguards and oversight, and their application must continue to respect the principles of necessity and proportionality.

For those reasons, we on these Benches are satisfied that the case for this instrument has been made. It strikes an appropriate balance between protecting critical national infrastructure and safeguarding the right to peaceful protest. We therefore support the regulations and believe that the House should approve them.

[Lord Hanson of Flint (Lab)]

My Lords, before the noble Baroness, Lady Bennett, responds on her amendment, it is important that I respond on behalf of the Government to some of the points that have been raised. I do not intend to repeat the discussion points in my opening speech, but some of them may be referred to because they have generated debate. This debate has generated a lot of interesting and important points of principle, and I am grateful for the contributions. I shall respond to four broad points: the right to protest, the SI provision use, the use of animals in science and—the big question—why now? I will address those in turn.

The right to protest was raised by a number of noble Lords, including the noble Baronesses, Lady Grender and Lady Jones of Moulsecoomb, my noble friend Lord Sikka and the noble Lord, Lord Davies of Gower, speaking just now from the Front Bench. I want to be clear right now in front of this House: as I said in my opening statement, this is not about the rightful, peaceful protest which is a fundamental part of our democratic society. This measure does not prohibit or restrict peaceful protest. However, peaceful expression does not extend to causing serious disruption to the hard-working majority in the businesses in question.