Public Order Act 2023

Debate between Julian Lewis and Joanna Cherry

Tuesday 16th May 2023 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

The last 12 months have seen an unprecedented attack on the right to protest, not just with the Public Order Act but with part 3 of the Police, Crime, Sentencing and Courts Act, which preceded it. The right to protest is part of the right to freedom of expression. In the travaux préparatoires for the European convention on human rights, freedom of expression was described as

“the touchstone of all freedoms”.

That is because it is essential for the fulfilment of all our other rights and it is also an essential underpinning of any democracy. The European Court of Human Rights has said that freedom of expression constitutes one of the “essential foundations” of a democratic society:

“it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb”.

That is the price of freedom of expression, and a democracy that loses sight of that is in trouble.

Unfortunately, across the United Kingdom, we are allowing a degree of authoritarianism to creep into our public life. We have even recently seen the police turning up at the door of members of the public to check their thinking, which is a serious attack on freedom of expression. When the police interfere with the right to protest, it is a similarly serious attack on freedom of expression.

I know Conservative Members purport to care very deeply about freedom of speech, and I am on record as saying that I think the left needs to do more to speak up for freedom of speech, but I am afraid to say I detect a degree of hypocrisy that a party that says it wants to strengthen protections for freedom of speech in the now defunct Bill of Rights and in the Higher Education (Freedom of Speech) Act 2023 has passed legislation that is a fundamental attack on the right to protest, which is another crucial aspect of freedom of expression.

[Sir Julian Lewis]

I have huge respect for the hon. and learned Lady, who has been courageous in expressing her views on gender, with which I happen to agree. It is disgraceful that she has been cancelled and had her right to free speech infringed in many ways, but I put it to her that she is talking about people’s right to say what they want to say, rather than how they go about protesting, which is what the Public Order Act is about. She has every right to say what she wants to say, but does she have the right, for example, to use huge amplifiers in a public space for hours on end so that nobody can hear themselves think? The Act is not about content; it is about protests that infringe the right of others to go about their normal life.

[Joanna Cherry]

As others have said, it is a question of balance. I think it was a Conservative Back Bencher who, during one of our many debates over the past year on the right to protest, listed all the laws that already applied in England and Wales and the huge amount of powers the police already had to deal with disruptive protests prior to the passage of the Public Order Act and part 3 of the Police, Crime, Sentencing and Courts Act. On one level, we could say this legislation is quite performative, because the police could already use existing laws, but on another level it is much more than performative because, as we saw at the coronation, it could have a chilling effect on the right to protest.

I am grateful to the right hon. Gentleman for the generous things he said about me, and I am happy to tell him that I have been uncancelled as a result of taking legal advice. For women like me who are being cancelled because we do not agree with self-identification of sex without any safeguards, it is not just a question of our right to freedom of speech; it is also a question of our right under the Equality Act 2010 not to be discriminated against because of the philosophical beliefs we hold, which an appeal court has said are worthy of respect in a democratic society.

I digress, because the point I want to make is that the right to protest is an aspect of freedom of expression. Conservative Members say they care about freedom of expression when it comes to freedom of speech in the now defunct Bill of Rights and in the Higher Education (Freedom of Speech) Act, but they seem to care about it rather less when it comes to their crackdown on the right to protest.

Both those Acts and the Public Order Act, which we want to see repealed, apply only in England and Wales, but as my hon. Friend the Member for Glasgow Central (Alison Thewliss) ably explained, in her usual way, many Scots come to London because, unfortunately, the seat of power is still at Westminster and a lot of legislation is passed in Westminster on matters about which Scots feel very strongly, such as nuclear weapons, so we often come here to protest. It also matters what happens to foreigners who come to London. What happened to that Australian lady who was lifted by the police and kept in jail all day on the day of the coronation was a disgrace. I hope she has taken legal advice, because she ought to be able to get hefty damages for wrongful arrest. I can just about understand why the police might have made a mistake, but I do not understand why they did not realise their mistake sooner and why that poor woman was kept in the cells for hours on end. There is a suspicion that political pressure was on the police to crack down, and I will come to that in a moment.

At the time of the death of Her late Majesty Queen Elizabeth, there were some protests when the new King was proclaimed. Many of us were concerned about heavy-handed arrests of people, both north and south of the border, who were protesting in the name of republicanism, anti-imperialism or disapproval of the behaviour of a certain member of the royal family. Some might question whether it was the appropriate time to do that, after the death of the Queen, but the right to protest is fundamental and should be facilitated. The fact that it might upset some people does not mean it should not be allowed to happen. After what happened in the aftermath of the Queen’s death, many of us warned that in future greater care would need to be taken by the police to facilitate the right to protest, particularly during the coronation. What is so awful about what happened to those six republican protesters lifted because of their luggage straps, under the locking-on provisions of the 2023 Act, is that they had gone to incredible lengths to discuss in advance with the police the nature and extent of the protests they wanted to make. They were then lifted at the start of the day and, again, held until after 11 o’clock at night. I do not understand why they had to be held for so long when a mistake had been made.

Instead of looking at the necessity of facilitating protest, what happened prior to the coronation was that parts of this Act were rushed into force with incredible haste and they appear to have been used to crack down on protesters who had gone to considerable lengths to try to clear their actions in advance with the police. As I said, there is a suspicion that political pressure was brought to bear on the police. If that was to have happened in a democracy, it would be scandalous. It is not me making this accusation, because a senior source in the Metropolitan police said that “pressure” had come from above and Sir Peter Fahy, the former chief constable of Greater Manchester police, said on Radio 4’s “Today” programme that what happened with the wrongful arrests at the coronation has to be seen in the “context” of media, political and public pressure on the police. He referred to what he called

“some pretty direct and personal feedback”

brought to bear on Sir Mark Rowley before the Home Affairs Committee on 26 April. Sir Peter, a senior retired police officer, also said, as the Opposition and the SNP have said in this House and are saying again today, that the 2023 Act is poorly defined and far too broad. That is what Opposition MPs said about the offence of locking-on and it was proved to be right by the arrest of those six innocent protesters at the coronation.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Julian Lewis and Joanna Cherry

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 27th January 2021 Commons Chamber

[Dr Lewis]

I have the advantage of having been present when my right hon. Friend made that very point on Second Reading, and therefore I was entirely prepared for that intervention. I will give a response that is perhaps slightly unorthodox, despite the emphasis put on the Human Rights Act by my right hon. and learned Friend the Solicitor General.

In my previous role as Chair of the Defence Committee, it became more and more obvious that the Human Rights Act, and the European convention on human rights, had had serious, and perhaps largely unanticipated, adverse consequences for the operations of our military. I suspect that if applied too literally, they would have equally adverse effects on the operations of our security and intelligence services. As the years go by, and as experience shows, I fully expect that there will have to be amendments to the Human Rights Act. I believe that although terrorists could indeed read it, they would take rather more seriously a categoric list of forbidden offences in the Bill than they would the rather generalised content of the Human Rights Act. I do not expect my right hon. Friend to be wholly satisfied with that, but it is my honest opinion.

Consequently, terrorist groups whose operations might have been compromised by technical means, rather than by human infiltration, would be likely to ask their genuine members to commit more and more forbidden offences, simply to prove their loyalty. The outcome would inevitably be an increase in murders and other serious offences on their lordships’ list, which would not have happened but for the incorporation in statute of such a collection of prohibited crimes.

As I said earlier, the ISC has had a comprehensive briefing from MI5, explaining how those authorisations are used in practice. We are convinced that the Security Service uses them appropriately and proportionately. We are also reassured that the measures in the Bill legalise only what is specified in each criminal conduct authorisation. That means that any other criminal behaviour not covered by the terms of a CCA may be subject to prosecution—a safeguard that will hopefully encourage the House to reject Lords amendment 2. This is one of those occasions when it is necessary—really necessary—to keep our enemies guessing.

[Joanna Cherry [V]]

I mean no disrespect to the Solicitor General when I say that, like others, I am sorry not to see the right hon. Member for Old Bexley and Sidcup (James Brokenshire) on the Government Front Bench today. He is a thoroughly decent man. I wish him all the best, and I have been in touch to tell him that privately.

The Scottish National party will support the Lords amendments, but we do not support the Bill. We voted against it on Third Reading for reasons that I set out in some detail in Committee. We regard it as another milestone in the British Government’s retreat from support for such basic rule-of-law principles as equality before the law, and another milestone in the rolling back of human rights protections. That is not to say that we do not see the necessity for some legislation, given the ongoing court proceedings, but we do not think the balance is right in this legislation at all.