Crime and Policing Bill

Debate between John McDonnell and Nick Timothy

Report stage
Wednesday 18th June 2025 Commons Chamber

[Nick Timothy]

That was obviously an appalling crime —I remember it very well—but I do not think it has anything to do with what I am saying in this debate.

In a free and pluralistic society, we have to be free to criticise ideas. There are laws to protect people, but we cannot have laws that protect ideas from scrutiny or criticism. However, the Government are pressing on with their work on Islamophobia. Only this week, on the very day that Baroness Casey said that the rape gangs were often not prosecuted because of the ethnicity of the perpetrators, Ministers launched a consultation on the new Islamophobia definition. That consultation is open only to carefully selected, invited organisations; it will last for only four weeks; and it allows contributors to remain anonymous. In other words, as lots of people have put it to me, it is rigged, and that is completely unacceptable. Parliament repealed blasphemy laws years ago, and trials for blasphemy had stopped many decades back in any case, but they are with us once more. Parliament must act to restore our freedom of expression.

[John McDonnell (Hayes and Harlington) (Ind)]

Briefly, I would like to express my support for new clause 11. I declare my interest, as I am chair of the RMT parliamentary group and this issue is part of our campaigning, particularly given the rising number of assaults on bus drivers at the moment. I also express my support for new clause 13, and congratulate the hon. Member for Liverpool Riverside (Kim Johnson) on her determined campaign on the joint enterprise initiative. Of course, I also support new clause 50, which deals with the right to protest, and who could not support new clause 122 after the speeches we have heard from Labour Members today?

I want to raise an anomaly that has arisen in debates about terrorism legislation since 2020. I do not want to go into too much technical detail, but basically, section 69(3) of the Sentencing Act 2020 gave the Crown Prosecution Service the power to allege a terrorist connection

“if the offence…(a) is, or takes place in the course of, an act of terrorism, or (b) is committed for the purposes of terrorism.”

The implementation of that legislation meant that if an offence was determined to have a terrorist connection, the sentences became aggravated and harsher restrictions were imposed, both within prison and on release. I believe that had cross-party support—there was no problem with it.

However, in 2021, the Counter-Terrorism and Sentencing Act came along. The powers in the Sentencing Act related to schedule 1 offences such as murder, kidnapping and hijacking—things that we would naturally consider to be terrorism. The Counter-Terrorism and Sentencing Act extended the use of that definition to an offence that is

“punishable on indictment with imprisonment for more than 2 years”.

By moving away from a schedule of offences, almost any offence before the Crown court meeting that definition was brought into consideration. For example, protest cases involving damages of more than £5,000 became interpreted as terrorist-connected cases.

When we have had discussions about terrorism, we have always had problems with definition. Lord Carlile did a report for us way back in 2007, and he said that jury trial is one of the guards that can assist in protecting us from the misinterpretation of the range of definition. He said that

“jury trial provides an important protection against prosecutions the public find unreasonable or arbitrary.”

The problem is that the use of this section of the Counter-Terrorism and Sentencing Act 2021 does not involve juries. Such things are not brought before a jury; it is applied only by the judge at sentencing.

As a result, we have found that since late 2024, the provisions in the 2021 Act have been deployed for the first time against protesters. Someone who has possibly committed criminal damage, aggravated burglary or, yes, violent disorder in a protest activity now finds themselves with a terrorist connection allegation. That will never be brought before a jury, because it will be applied only at sentencing. Amnesty International has expressed its concern about direct action protests being subject to the UK’s overly broad definition of terrorism laws, which are

“open to misuse and abuse”.

Four UN rapporteurs have expressed their concerns to the Government about the misuse of the terrorism legislation in this instance. They have said that the legislation is being used against political prisoners, which is raising concerns about the potential infringement of their fundamental rights.

I raise that issue here because an increasing number of cases are being trapped by a misinterpretation of the legislation that we brought forward in 2020 and 2021. That is resulting, I think, in injustices and miscarriages of justice, an anomaly which we will have to address at some point if we do not address in this Bill, to correct a crucial misinterpretation of what this House intended back in 2021.

Employment Rights Bill

Debate between John McDonnell and Nick Timothy

Report stage
Tuesday 11th March 2025 Commons Chamber

[Nick Timothy]

I do not see why the Government should not support this new clause. This seems to be an obvious example of labour market abuse, but the difference with many of the provisions in the Bill is that my new clause does not directly benefit trade unions who pay for the Labour party.

Sadly, we know that there have been many sexual assaults and attacks committed by substitute workers. New clause 105 proposes the robust regulation of substitution clauses. Amazon, Uber, Deliveroo and the rest would have to do their due diligence and, just like everyone else, ensure that all their riders are who they say they are and have the right to work in this country. Introducing such a change would reduce labour abuse, protect our communities and deliver a fairer labour market.

[John McDonnell (Hayes and Harlington) (Ind)]

I refer to my entry in the Register of Members’ Financial Interests. Just to inflame matters more, I am the chair of the RMT parliamentary group as well.

Next Monday is the third anniversary of the P&O scandal. Members might recall what happened: 800 members of staff—RMT members, largely—turned up for work and were sacked by video. Many of them were marshalled off their vessels by trained bouncers and guards who dealt with them roughly. The reaction across the House and across society was that this was repellent and should not happen in a civilised society. The Labour party then made a commitment that it would introduce legislation that would install in law the seafarers’ charter, and that is exactly what the Bill does, so I welcome it wholeheartedly and congratulate the Minister on doing this. But as he can guess, we see this as just the first step, because there is so much more to do, particularly in this sector, where many workers are still exploited compared with shore-based workers.

Government new clause 34 extends the maximum period of the protective award from 90 days to 180 days. We were looking for an uncapped award, to be frank, because P&O built into the pricing the amount it would be fined as a result of its unlawful behaviour, so that did not matter to P&O—it simply priced that in.

In addition, we were looking for injunctive relief, and I thank the Government for entering into discussions about that. Many employers can get injunctive relief on the tiniest error by a union in balloting procedures, but workers cannot. We are asking for a level playing field. We hoped that an amendment would be tabled to the Bill today, but it has not been. We hope the Government will enter into those discussions and go further.