Public Order Bill

Edward Leigh Excerpts

Report stage
Tuesday 18th October 2022 Commons Chamber

If we look further back into history, we find examples of peaceful lock-on protests and of the police making good use of the powers available to them when they needed to. At Greenham Common peace camp, for example, the police did intervene when they needed to, and they arrested and charged people. We could ask the Prime Minister, because she was there. Only last week, the Home Secretary, before tweeting that the police needed extra powers on protest, congratulated the police on making over 300 arrests. The flaw in the argument is gaping.

[Sir Edward Leigh (Gainsborough) (Con)]

If new clause 11 is agreed to, will the Labour party vote against Third Reading?

--- Later in debate ---

[Bell Ribeiro-Addy]

I thank my right hon. Friend, and he is absolutely right. Far too often, families like the Kaba family have to spend months, even years, seeking answers and justice for their loved ones. I hope that in the years to come, the Independent Office for Police Conduct quickly begins to look at measures to speed up the investigations that give family members answers about why they have died. We have to remember that around the time Chris Kaba died, not to mention him too much, he was one of two men who had been killed following contact with police, and one of over 1,000 who have died in police custody or following contact with police since 1990. Since that time, only one police officer has ever been prosecuted. That absolutely needs to change.

In conclusion, the Public Order Bill is a continuation of the Government’s assault on the right to protest, further criminalising people who call for the change we need and ramping up police powers to restrict demonstrations. It could also have a very negative impact on black, Asian and minority ethnic communities. It is authoritarian and disadvantages the poorest and most marginalised communities. Unless it is fundamentally amended, I believe it must be opposed.

[Sir Edward Leigh (Gainsborough) (Con)]

I am surprised we are debating this again. It was only in 2018 when the Home Office concluded there was no need to introduce so-called buffer zones. I am referring here to new clause 11. Buffer zones are disproportionate in the restrictions they impose on freedom of expression, and unnecessary in that there remains a lack of evidence that they are needed. The Government have recently affirmed this position, and rightly so given that existing laws enable the police and local authorities to deal with protests that are harmful. Before we rush to create new laws, it is only right that the Government expect the police and local authorities to use their current powers appropriately and where necessary.

The 2018 review showed that

“it would not be proportionate to introduce a blanket ban”

as the evidence found that protests occurred at less than 10% of abortion clinics. That is a very small number. Of course—we emphasise this point—any kind of harassment is absolutely wrong. It should be dealt with by the law and can be dealt with by existing laws. We have heard much in the debate about how we should turn to existing laws, rather than create new ones. Any remedy must be proportionate to the problem. The review—not my review, but an objective Government review—concluded that most of the activities during these protests were passive in nature. My hon. Friend the Member for Congleton (Fiona Bruce), in a very powerful speech, described just how passive they can be. They can be standing there and praying silently, not even holding up a banner of any nature or saying anything. It could include praying or handing out leaflets. The review found that disruptive or aggressive behaviour was the exception, not the norm. Crucially, it also confirmed that the police have the necessary powers already to take action and protect the public when protests become harmful or disruptive. A blanket ban of the kind proposed in new clause 11 would be disproportionate in the face of those facts. The law must be proportionate.

To be clear, the people this amendment targets are peaceful protestors, often elderly grandmothers, frankly, who are entirely peaceful. They politely pray and hand out leaflets. The contrast could not be greater between those protestors and those of the likes of Just Stop Oil, who glue themselves to roads and create human blockades that are disruptive and obstructionist. If any so-called protesters at abortion clinics did anything like that, they would be immediately arrested. While the police have the powers to take action so that ordinary people can go about their daily lives, they will not stop Just Stop Oil protests.

Are we in this House really going to criminalise people who are peacefully trying to raise awareness about support available? This is the point.

[Stella Creasy]

Will the right hon. Gentleman give way?

[Sir Edward Leigh]

No, I have been told not to speak for long and I want to get on with it.