Crime and Policing Bill

Kim Johnson Excerpts

2nd reading
Monday 10th March 2025 Commons Chamber

[Kim Johnson (Liverpool Riverside) (Lab)]

This is a huge Bill with more than 300 pages of measures, but I wish to focus on the extra powers it contains to police protests, and particularly clauses 86 and 95, about which civil liberties organisations such as Liberty, Amnesty International and Big Brother Watch, as well as trade unions, have raised loud alarm bells. I also wish to take the opportunity to recognise more broadly the dangerous direction of travel of the increasing criminalisation of legitimate and peaceful protest in this country which, as many will recognise, is being mirrored around the world.

In recent years we have seen the introduction of a vast swathe of anti-protest measures, including new police powers that have been used increasingly to clamp down on freedom of assembly and expression. Those powers are being extended yet again in the Bill. The Tories’ controversial Police, Crime, Sentencing and Courts Act 2022, the Public Order Act 2023 and the “serious disruption” regulations all brought in wide-ranging new powers. Those include allowing the police to impose “conditions” on any protest that is deemed to be disruptive or to cause “serious annoyance” to the local community, and sentences of up to 10 years in prison for damaging memorials such as statues. Those of us who fought those measures tooth and nail have now seen our fears realised, with clampdowns on the right to protest peacefully.

Last month the aggressive policing of the national Palestine protest led to the arrest of an estimated 77 protesters. Even Members of this House were called in for police questioning, as was an 87-year-old Holocaust survivor who was carrying flowers to lay for the dead children of Gaza. We cannot underestimate the chilling impact that that heavy-handed policing of peaceful protests will have on our basic rights and freedoms. From striking workers to the national Palestine demos and farmers’ protests, huge demonstrations and protests are becoming more commonplace across the political spectrum, as people across the country and beyond feel that they are losing their voices in their workplaces and the political sphere. Instead of continuing down that dangerous road, we should be taking the opportunity that the Bill presents to roll back some of those powers, defend our civil liberties, and restore our proud traditions of freedom of speech, expression, and assembly.

[Luke Taylor (Sutton and Cheam) (LD)]

Will the hon. Lady give way?

[Kim Johnson]

No, I am not taking interventions—sorry.

In this country we have a proud tradition of standing up for what we believe in, but that has increasingly come under threat, and measures in the Bill continue on that trajectory. I hope that the Minister and Government will take those points on board and consider amendments in Committee to roll back some of the draconian anti-protest legislation and restore our civil liberties—moves on which I am sure we can find common ground across the House.

Lastly, I want to turn to the provisions in the Bill that will further criminalise Roma and Traveller communities, and the impact that certain clauses will have on Gypsy, Roma and Traveller communities such as those living on the Tara Park site in my Liverpool Riverside constituency. In particular, I want to raise concerns around clause 3 in part 1 of the Bill, which extends police dispersal powers and, as the Traveller movement has stated, risks leading to even more heavy-handed policing of Gypsy, Roma and Traveller communities. As with the anti-protest provisions in the Bill, we must see such measures in the broader context of the increasing criminalisation of already marginalised communities. As such, I hope the Government will go back to the drawing board and consider using the Bill to repeal section 60C to 60E of the Criminal Justice and Public Order Act 1994. This Bill is the first under Labour of its kind for a generation. Let us use it as an opportunity to protect our most marginalised communities and defend civil liberties.

Crime and Policing Bill

Kim Johnson Excerpts

Report stage
Wednesday 18th June 2025 Commons Chamber

[Kim Johnson (Liverpool Riverside) (Lab)]

I rise to speak in support of new clause 13 in my name and new clause 50 in the name of my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel).

New clause 13 proposes to change the law on joint enterprise. For those who do not know, this is a centuries-old doctrine that allows multiple people to be convicted of a crime, usually murder or manslaughter, even if only one person committed the fatal act. Evidence demonstrates it leads to unjust convictions, disproportionately impacting young black and working-class people, with young black men 16 times more likely to be convicted under joint enterprise than their white counterparts. I thank all who supported my private Member’s Bill that had its Second Reading in February 2024 and for their continued support for the campaign, particularly Joint Enterprise Not Guilty by Association.

As a result of a judicial review brought by Liberty and JENGbA, the Crown Prosecution Service conducted a pilot survey of joint enterprise cases, resulting in access to accurate data and highlighting the racial disparities that exist. Case law on joint enterprise was reversed by a Supreme Court ruling in 2016. The Jogee case identified how the law had taken “a wrong turn” for 30 years. The Law Commission is now undertaking a review of homicide and the sentencing framework for murder. It will examine the law on joint enterprise in light of the Supreme Court ruling on Jogee, with campaigners anticipating clear solutions on the disparities and inequality.

While I understand the Government have some reservations about my amendment, it is clear that there is recognition across the House that joint enterprise needs to be fixed. The prosecution of joint enterprise cases is flawed and racialised. The 2016 Supreme Court ruling did not resolve the key problems with the law. Speculative prosecution theories are accepted in place of strong evidence. This allows and encourages racist stereotyping, using gang narratives to imply collective intent, and using a person’s taste in music as evidence of being in a gang, with police being called as expert witnesses on drill music, which is a conflict of interest.

Art not Evidence is making significant inroads in this space, proposing a criminal evidence (creative and artistic expression) Bill to limit the admissibility of evidence of a person’s creative and artistic expression in criminal proceedings and for connected purposes. The Westminster Commission on Joint Enterprise is gathering evidence and will produce a report for the Government in 2026.

Reform of joint enterprise is long overdue. It has gone as far as it can in the courts, and it is now for Parliament to act; that is what the former Director of Public Prosecutions who is now the Prime Minister has said.

New clause 50 would enshrine the right to protest in law. The purpose of this amendment is to keep public authority powers proportionate and to uphold the right of our society to protest peacefully as a fundamental pillar of free and equal democracy. The right to protest and the freedom to express dissent goes back centuries and is championed across the political spectrum. From the peasants revolt to the suffragettes, we celebrate the great British tradition of direct action. So many of our freedoms have been won this way, including workers’ rights. Most recently, we have seen the farmers protesting outside Parliament, the mass trespass organised by the Ramblers’ Association in defence of our right to roam, striking workers, anti-war protesters and beyond. Millions of people have marched peacefully against the genocide in Gaza. Thousands of disabled people have protested against proposed welfare and disabled benefit changes. We have seen protesters outside Parliament against the assisted dying Bill and yesterday pro-life protesters gathered outside this place.

The ability to protest and freedom of expression and assembly are protected by articles 10 and 11 of the European convention on human rights and are enshrined in UK law. The planned demonstration outside the BBC headquarters in January demanding impartial coverage of Israel’s war in Gaza was banned by the Met police on the basis that the headquarters are in close proximity to a synagogue. This was after weeks of meetings and agreement of the route with the Met police. This is a serious infringement of our right to protest. If we cannot protest outside the headquarters of our public broadcaster, what does that say about our democracy? This should be of concern for all who believe in democracy and free society. The Government have a chance now to change course and roll back on these clampdowns for our rights and freedoms, for our democracy.