Police, Crime, Sentencing and Courts Bill

Ian Paisley Excerpts

Monday 28th March 2022 Commons Chamber

[Kit Malthouse]

There is no desire or intention to suppress religious or other freedoms. This is about giving the police powers not to ban protest or assembly, but to place conditions on it. As I said in previous stages of the Bill, the job of this House in a democratic society is to balance competing rights. There is no doubt that, as is accepted at the European Court of Human Rights and across the liberal world, the right to protest is not unqualified. Someone cannot protest in such a way that it unreasonably impinges on my right to go about my business as a non-protester. Where noise is concerned, we are seeking to give the police powers to strike that balance where appropriate.

[Ian Paisley (North Antrim) (DUP)]

Can I take this point just a little further? This is about an interpretation not only of how loudly something is being said, but of what is being said. Is the Minister saying that the Bill would allow a police officer to make a judgment that he does not like the particular verse of scripture or quote that is being used, and could therefore stop it being said? That breaches the European convention on human rights in a number of areas.

[Kit Malthouse]

The amendments have no bearing on the content of the noise, merely on the impact the noise is having on people nearby from a decibel or distress point of view. Other legislation governs content, particularly if it promotes hatred or incites violence, although as I hope the hon. Gentleman will understand, that will not necessarily be true in this case. The amendments are agnostic as to content.

[Ian Paisley]

I must press the Minister further. We surely live in a society that allows difficult things to be said. Unfortunately, the Bill is going down a road—it is considerably un-Tory-like, I have to say—where difficult things will no longer be allowed to be said, or at least to be said loudly, proudly and boldly. That appears to be where the Bill is taking us.

[Kit Malthouse]

Not at all. Difficult things will and should still be said loudly, proudly and boldly, but it may be different in certain circumstances—for example, we have already conceded in the Bill that certain things should not necessarily be said consistently loudly, proudly and boldly outside a school. We have already conceded the power to control noisy protests outside a school, or indeed a vaccination centre. Why should those areas necessarily be privileged over others? This is about the distress and alarm caused by that noise, and its imposition on the rights of others. It is not necessarily about the content.