Public Order Bill

Debate between Fiona Bruce and Jeremy Quin

Report stage
Tuesday 18th October 2022 Commons Chamber

[Jeremy Quin]

My hon. Friend the Member for Louth and Horncastle mentioned the reviews that have been done: the review conducted in 2018 went into this in great depth and there has been further work since, and the hon. Lady referred to further work being done in relation to the Police, Crime, Sentencing and Courts Act 2022. That maintained the Government position that the current arrangements are still proportionate. There is legislation; the Public Order Act 1986 and the PSPOs provide those routes, and we continue to believe that is proportionate, but this is ongoing work and we need to continue to ensure that it is still proportionate. I will be reviewing and making certain that I understand fully the pattern of protests and the effectiveness and indeed the cost of PSPOs, and I will certainly make sure that that work is constantly refreshed if the House agrees we should maintain the current legislative environment.

There are existing laws to protect people from harassment and intimidation outside abortion clinics. The police have robust powers to deal with protests that obstruct access to clinics, and cause alarm, harassment or distress, and where protests cause harm, we expect the police and local authorities to work together at the local level to respond in a way that takes into consideration the local facts, issues and circumstances. In addition, local authorities already have powers to implement PSPOs; these can be introduced when a local authority is satisfied that protests are having, or are likely to have, a detrimental effect. We have seen increased use of these in recent weeks, with five local authorities imposing an order outside abortion clinics.

[Fiona Bruce]

Because some of our colleagues will not have been able to follow the whole debate, will the Minister confirm what I believe he is saying, which is that he personally will vote against new clause 11 this afternoon?

[Jeremy Quin]

It is a free vote and I will be voting against the amendment. I believe the powers and legislative environment we have are appropriate at the current juncture, and that is the position the Government have taken in the past. It is also the case that we continue to do work on this; I will continue to ensure that we are reviewing the scale of protests, the adequacy of the current legislative framework, and the effectiveness and cost of PSPOs. We need to maintain that work although I will be voting against the amendment this afternoon.

My hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) said that, if the new clause falls, he will not give up. I would have been surprised had he said anything else, and I would be surprised if the hon. Member for Walthamstow gave up if she lost the vote. As I said, we will continue to review and assess this area, but it is important to get it right. There are powerful arguments on both sides of the debate, as enunciated by my hon. Friend the Member for Congleton (Fiona Bruce), the hon. Member for Upper Bann (Carla Lockhart) and my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), and, on the other side, the hon. Member for Walthamstow, my hon. Friend the Member for Louth and Horncastle and my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Harwich and North Essex. I have set out how, through the current legislation and PSPOs, a lot can be done. The House will determine whether it believes that to be insufficient.

I turn to new clauses 13 and 14 tabled, again, by the hon. Member for Walthamstow, who is a passionate campaigner on these issues. In last year’s “Tackling violence against women and girls strategy”, we confirmed that we are looking carefully at where there may be gaps in existing law and how a specific offence of public sexual harassment could address them. In the light of that work, just before summer recess, we launched a targeted consultation on whether there should be a specific offence of public sexual harassment and, if so, what it should look like. The hon. Lady knows that. The consultation closed in September, and we are grateful to her for sending us her comments. We are working at pace to analyse the responses and to determine the best way forward. I reassure her that, for example, her comments on foreseeability of intent are absolutely part of that consultation. What I cannot do—I am sorry to disappoint her—is give a commitment today on our next steps. That would not be appropriate until we fully analyse the consultation. I look forward to sharing our views with the House as soon as possible.

I turn to the several amendments tabled on the recommendations of the Joint Committee on Human Rights. Again, I thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the Committee for the vital work that they do in supporting parliamentary scrutiny, as was referred to by the hon. Member for North East Fife (Wendy Chamberlain) and my hon. Friend the Member for Ruislip, Northwood and Pinner. Amendments 28, 30, 35 and 37 aim to move the burden of proof for a reasonable excuse from the defendant to the prosecution for the relevant offences. As we made clear in our formal response to the Committee’s report, whether or not someone has a reasonable excuse for their actions is specific to each incident, and we see it as entirely appropriate that the defendant who committed the offence in the first place and has personal knowledge of those facts is required to prove them. Beyond that, our courts are experts in assessing whether an individual has a reasonable excuse for a multitude of criminal offences. I do not see the value in placing that burden on the prosecution.

Amendments 32, 36 and 38 seek to require the courts to have particular regard to articles 10 and 11 of the European convention on human rights when assessing whether someone has a reasonable excuse for offences. Courts and other public bodies are already obliged to act compatibly with ECHR, and we do not believe that it is necessary to repeat that obligation.

Finally, several amendments seek to narrow the Bill’s scope. I will not address each individual amendment. The Government believe that the scope of the offences is not only appropriate but proportionate to the serious disruption inflicted.

I turn to a couple of other amendments.