Public Order

Kieran Mullan Excerpts

Monday 12th June 2023 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

The main point I want to emphasise today is that these issues are of course to do with balance. Opposition Members want to make it black and white, but we know that these things are not black and white. I am also interested in the fact that some of the same Members who have been so opposed to these regulations made complete counter-arguments when they proposed legislation, which I supported, to say that people should not be able to protest within a certain distance of an abortion clinic. These are common arguments and it is about the individual interpretation of them.

In a free society, we have responsibilities as well as rights. Our right to protest does not offer absolute relief from our responsibility to allow other citizens to go about their lives freely. Of course they have a right to do that. Much attention is paid to the rights of the protesters, but what about the rights of everyone else? We must view the impact in the context of the cost of resources to taxpayers, because they have a right to see their resources used sensibly. If we are going to say that something is acceptable—disruptive protest, disrupting sporting events, going on the road—let us imagine what would happen if we were not spending millions of pounds to minimise that behaviour. That behaviour would run rife. We would not be able to have a public event in this country without one or two people running into it and disrupting it. We would be unable to have any kind of major event without spending millions of pounds to stop people from protesting en masse, so it is quite right that we should look at making sure that we can do that more efficiently.

I would encourage the Home Secretary to consider going further. We are talking today about serious disruption and people perhaps not being able to go to hospital, but what about just being able to go to work, to catch up with a friend that they have not seen for a few months or to go out for dinner in a restaurant? Why do we say that one individual person can block a road and prevent all sorts of people going about their daily lives because they care deeply about an issue?

[Kit Malthouse (North West Hampshire) (Con)]

My hon. Friend is making a very strong point. Does he agree that part of the disconnect on this between the Labour party and the rest of the country is that with these protests, the disruption is the objective, not the message? That is what makes the British people feel so aggrieved. Here in Westminster, more than anywhere, we understand that disruption can be a by-product of protest, but that is a by-product, not the primary objective.

[Dr Mullan]

Indeed, and the protesters brazenly admit it. It is not about protesting with a by-product of disruption; they brazenly admit that they want to do ever-escalating things to get into the news. They should go on a hunger protest and disrupt their own lives. Do not eat—that will get in the news. Why do they think they can go around disrupting everybody else’s lives just to make their point? Importantly, they can still protest. I was flabbergasted by the reporting of the apparent crackdown on protest at the coronation. I was on the parliamentary estate, and I saw loads of people holding up signs saying, “Not my King”. It was all over the news and I saw lots of people who were not arrested and who were not moved on. They were within feet of the procession and were perfectly able to go about their protesting.

I urge the Home Secretary to think about this. In my view, people should not be able to disrupt a road. They should not be able to stop traffic because they care particularly about an issue.

[Sammy Wilson]

Does the hon. Gentleman not find it even more amazing that the Labour party opposes this legislation when many of the protests impact on the poorest in society? I remember being in Canning Town tube station when two idiots jumped on top of the roof of the tube, and the guy beside me said, “If I don’t get to work today, I get my wages docked. I am not earning a great deal of money but I will lose money because of those two guys.” Thankfully, they pulled them off, which was a good idea, but this is the impact. Ordinary people who cannot afford the disruption are the victims of it.

[Dr Mullan]

The right hon. Gentleman is absolutely correct. We have all seen the footage online of people saying that they are just trying to get to work. Opposition Members say that that is not serious disruption, but they should tell that to the individual who is trying to go about their daily life. It is disruption, it is not acceptable and people have other ways to make their point. I would also say to Opposition Members and members of the other place that they cannot have it both ways. They cannot say that this is unnecessary and a waste of time and then block it in the Lords. If it does not make any difference and will not impact on anything, why are they blocking it? They should just let it pass.

[Sir Edward Leigh]

Are there not double standards on the left? They believe that in their cause they can disrupt people’s daily lives, but when some old lady is praying outside an abortion clinic, that is absolutely outrageous and must be banned by law.

[Dr Mullan]

Indeed. As I said earlier I supported the proposals for protection zones for abortion clinics, but that makes the exact point. When it suits them, they are perfectly happy to sign up to these arguments, but they take a different view when it does not suit them. As the Home Secretary mentioned, they are very happy to get into bed financially with the people supporting these protests, so I think we all know where their loyalties lie.

[Mike Amesbury (Weaver Vale) (Lab)]

If the laws are already there, what difference are these regulations going to make? How are they going to strengthen things?

[Dr Mullan]

The other point that I think the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), completely ignores is that we have a common law legal system in this country. It is perfectly normal for Parliament to pass legislation and attempt to apply that law via the police. That is another reason why I think the hysterical reaction to the police beginning a process of using new law and not getting it right every single time totally betrays the normal way in which law is developed in this country. We legislate, we use certain terminology and we try to be clear, but it is for the courts and the police to operationalise it and feed back if they think we need to go further. It is all very normal, and again, this is just histrionics from the other side, because it suits them to put their clips on social media standing up against us over these “draconian” protest laws that are not in the least bit draconian.

[Bob Stewart (Beckenham) (Con)]

My hon. Friend made a point about social media. One of the main intentions of this disruption is to get publicity for the protesters’ cause, so they make maximum effort to try to get maximum publicity, which is cheap.

[Dr Mullan]

Indeed. I am going to finish by making a point to the protesters. If they want to change opinions, they should do what we all have to do most weekends, on both sides of the Chamber: put leaflets through doors, knock on doors, persuade people and run for election. If they do not believe in that, they do not believe in democracy, and whether it is for Extinction Rebellion or any other cause, that is not how we get things done in this country.

When people hark back to the suffragettes, let us remember that they did not have the vote. They were campaigning for the vote in order to be participants in the process. We have a universal franchise: everyone has a say. Everyone can run for election and can campaign, so why do these protesters not put their energies into that? I am sorry that the British public are not open to their arguments, but that is not my fault. I agree with the public, because those arguments are so extreme. The answer is not to stop the public going about their daily business, and I suggest to Opposition Members that they should be in keeping with what the British public want, not with what the people who are funding them millions of pounds want.

--- Later in debate ---

[Alison Thewliss]

No, the right hon. Member has been extremely obnoxious to me many times in the past, so I will not take his intervention.

Groups, including Liberty, have pointed out that these are not insignificant changes. Liberty says that the Government’s attempt to redefine serious disruption from “significant and prolonged” to “more than minor” is

“effectively an attempt to divorce words from their ordinary meaning in ways that will have significant implications for our civil liberties.”

The statutory instrument refers to

“the prevention of, or a hindrance that is more than minor to, the carrying out of day-to-day activities (including in particular the making of a journey)”,

but what is “minor”? We do not know. Is a couple of minutes late “minor”? What is “more than minor”? Is that 10 minutes late rather than five minutes late? There is nothing in these regulations to say. They will give significant discretion to the police to figure out exactly what is “minor” and what is “more than minor”, because nobody can really tell us.

[Dr Mullan]

There is an offence called “drunk and disorderly”. Disorderly can have any number of meanings. The common law legal system over time has sought to define it more narrowly and the police operationalise that. Why does the hon. Lady not think that that could be done in exactly the same way with this offence?

[Alison Thewliss]

Because the regulations are extremely unclear and extremely discretionary. [Interruption.] It is not clear at all in the regulations what is “minor” and what is “more than minor”, and neither of those things seem to me to be serious disruption. “More than minor” is not the same as serious disruption.

The regulations also refer to a “community”, which

“in relation to a public procession in England and Wales, means any group of persons that may be affected by the procession, whether or not all or any of those persons live or work in the vicinity of the procession.”

What does “affected” mean? Does that mean people saw it on the TV and they were upset by it? How are they “affected”? Again, that is unclear in the regulations, which will give police officers a huge amount of discretion to carry out the enforcement of this pretty lousy legislation.

--- Later in debate ---

[Apsana Begum (Poplar and Limehouse) (Lab)]

It is appallingly apt that this widely recognised repressive and authoritarian Government are using a widely recognised repressive and authoritarian power to implement a widely recognised repressive and authoritarian measure to give the police almost complete discretion over which protests they want to ban. It is not as though the police are not already equipped with excessive and unaccountable powers.

Indeed, such powers were on display in my constituency recently when up to 100 police officers evicted 29 homeless people, including some thought to be subject to no recourse to public funds, from 88 Hardinge Street—a building understood locally to be an unofficial homeless shelter. The operation included a large number of territorial support level 2 public order officers with riot shields to deal with residents who had gathered in shock to protest against the action. A dispersal order was issued that stretched almost a full kilometre around my constituency. A constituent said:

“as a local resident, if I could file a complaint against the actions of the police today, I would.”

[Dr Mullan]

Will the hon. Member give way?

[Apsana Begum]

I will not—the hon. Member has had his say.

It is chilling that these measures are being forced through when trust in the Metropolitan police is at an all-time low, not least following the killing of Chris Kaba, who was fatally shot by a Metropolitan police firearms officer in September last year; the treatment of Child Q; the kidnap and killing of Sarah Everard by a serving police officer; the evidence of institutional racism and misogyny, and so on. Even more unaccountable power is being handed to the police when so many are concerned about long-standing failures on the part of the police to be accountable for their actions.

The truth is that the Government’s actions today would never be right. This attack on democracy and civil liberties is akin to that of many repressive regimes that the UK has been right to criticise, but now it seems to be seeking to emulate or perhaps compete with them. Does the Home Secretary agree that Dr Martin Luther King, with his non-violent civil disobedience, is one of the most widely celebrated activists worldwide? Does she acknowledge that many recognise, and some even celebrate, the suffragettes and the role they played in advancing the democratic rights of women? She referred to harmful protests and repeated protests that will be outlawed through the powers to be given to the police. So harmful were the protests that the suffragettes engaged in that they won women the right to vote. She and I both enjoy the privileges of that today as parliamentarians in this House.

We cannot allow the Government to get away with this repressive change to the laws of protest. I will vote against the regulations, and I urge colleagues across the House to consider doing the same. This is so much more important than all of us individually and more important than political parties; it is about the future of democracy itself.

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

I concur with everything said by my hon. Friend the Member for Poplar and Limehouse (Apsana Begum), the hon. Member for Brighton, Pavilion (Caroline Lucas) and others.

I want to bring this down to a parochial level for my constituents. When we sit here and see legislation going through, we can sometimes spot the legislation that we realise will never work, and we know that we will be back here shortly to try to put it right. I think that is the case now, so I want to take up the point made by the right hon. Member for Gainsborough (Sir Edward Leigh) —he is not in his place at the moment—and followed up by the hon. Member for Crewe and Nantwich (Dr Mullan).

I fully agree that, in a democracy, what should happen is that constituents and members of our communities should be able to raise issues and argue a case, put their views to their relevant elected representatives and vote as constituents in elections for Governments who will fulfil their wishes. That is what happened with my constituents in west London on the third runway issue, which we have been campaigning on since the late-1970s. David Cameron assured people that there would be no third runway, “no ifs, no buts”. Some of my constituents—I forgive them now—even voted for the Conservative party on that basis. However, what happens if the governing party, after its election, puts in a caveat saying, “Actually, that commitment was only for the life of this Parliament and no further”? All the insecurities come out about the continuation of blight on communities.

People felt, “Where do we go from here?” They had tried to use the democratic process—all that they could—and secured a political commitment, but that was reneged upon. People felt betrayed, so naturally they came out in the streets. They were joined by Conservative MPs, including Justine Greening. In fact, one Conservative MP got so excited that he said he would lie down in front of the bulldozers. Is this an anti-Boris Johnson piece of legislation as well?

[Dr Mullan]

The right hon. Member is postulating an argument that if a particular group of people are not successful in their protests because the Government do not follow through, that means that the system is not working. We have had people protesting against vaccines. They could say, “The fact that we protested vociferously against vaccines being rolled out and did not get our way means that it is perfectly legitimate for us to go on and disrupt everyone,” but that is not an argument for protest.

[John McDonnell]

I think that the hon. Gentleman was not listening. What my constituents and the constituents of Uxbridge did was follow the process, exactly as he advised them.

[Dr Mullan]

They lost.