Parliament Square (Management) Bill [HL]

Earl Attlee Excerpts

Friday 27th January 2012 Lords Chamber

[Earl Attlee]

My Lords, I thank my noble friend Lord Marlesford for tabling his amendment and enabling a little more debate on this topic. I have been looking forward to it all week. The management of Parliament Square is an issue to which I know he and many of your Lordships attach considerable importance, although hitherto I have only commented in private. My noble friend Lord Campbell of Alloway will understand that I shall confine myself to the merits of the amendment, and my noble friend Lord Elton raised other issues.

The Government are committed to restoring rights to non-violent protest. The Government are also committed to ensuring that everyone can enjoy our public spaces and do not consider it acceptable for people to camp on Parliament Square. I am sure that this view is shared by the majority of people in the United Kingdom. I therefore recognise my noble friend’s intentions in bringing forward this Bill and the Government share his desire to see the square cleared to enable its use by the wider public, including protesters.

On the specific amendment, I understand my noble friend’s concern in relation to the storage box structures on Parliament Square which are also used to display protest messages. I would, however, consider that these structures are already captured by Clause 2(2)(b) of the Bill as their function as storage boxes means that they should be captured in the definition of a,

“structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating the sleeping or staying in a place for any period”.

However, my noble friend is a skilled and experienced parliamentarian. I fully understand why he has tabled his amendment and I cannot imagine him leaving a loophole in his original drafting. In relation to hand-held placards, the Government consider that these can be used to facilitate the right to effective peaceful protest and it would not be appropriate to ban their use on Parliament Square. However, if they are left overnight, then they would constitute litter that would be cleared away by the appropriate authority.

As my noble friend is aware, the Government brought forward provisions in the Police Reform and Social Responsibility Act to enable tents and other structures, such as those outlined in the Bill, to be removed. The Government commenced these provisions on 19 December 2011 and we consider them a proportionate means by which to manage the disruption caused by the encampment. I am convinced that the Act is properly drafted. On 16 January 2012, the Metropolitan Police Service led an operation to enforce the provisions and remove the encampment in so far as possible given the High Court injunction that is in place in relation to one of the protester’s sites pending a judicial review hearing, as observed by my noble friend. He has by implication made it clear that he does not expect me to comment on the proceedings.

The Government agree with my noble friend that it is necessary for all enforcement agencies to work closely together if Parliament Square is going to be managed in a way that promotes its enjoyment and use by all. That is why we have worked with the Greater London Authority, Westminster City Council and the Metropolitan Police Service to ensure that effective enforcement protocols for the PRSR Act provisions are in place.

Once again, I thank my noble friend for moving his amendment and I hope that he is reassured by the provisions the Government already have in place through the PRSR Act.

[Lord Marlesford]

My Lords, I am grateful to all noble Lords who have kindly spoken on this amendment. It sounds to me as though people are reasonably happy that the amendment should be included in the Bill.